Is a complaint "negatived" consent?
Ontario, Canada
The following excerpt is from Rex v. Calhoun, 1949 CanLII 104 (ON CA):
3. The trial judge told the jury that the complaint "negatived" consent. It is true that this word was used in Reg v. Lillyman, [1896] 2 Q.B. 167, 18 Cox C.C. 346, but I submit that it is an unfortunate one. The jury might have thought that it meant that the making of the complaint destroyed the effect of a real consent previously and actually given.
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