Ontario, Canada
The following excerpt is from Rex v. Calhoun, 1949 CanLII 104 (ON CA):
6. The trial judge did not define consent, but merely told the jury of certain things that would amount to consent: Rex v. Salman (1924), 18 Cr. App. R. 50. He should have told them that even if there was a struggle at the outset, there might still have been a real consent before the act of intercourse took place.
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