A direction referring to steps taken by an accused to ascertain consent, drawn from s 36A(2) of the Crimes Act 1958 (Vic), does not reverse the onus of proof even where the Crown case is one of manifest non-consent and there is no specific evidence of steps taken or not taken. A juror's observation of an accused in a dysregulated emotional state outside the courtroom is not analogous to the inadvertent revelation of prior convictions and may be adequately addressed by judicial direction rather than discharge of the jury.
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