How have the courts and juries dealt with the issue of voluntariness in sexual assault cases?

4 For some period, we followed the so-called Massachusetts procedure for allocating the judge and jury's functions in resolving a voluntariness attack. By this procedure, "the jury passes on voluntariness, pursuant to a proper instruction, after the judge has fully and independently resolved the issue of voluntariness against the accused." Kear v. United States, 369 F.2d 78, 84 (9th Cir. 1966). Thus, once the trial judge concluded that the statement was voluntary, the evidence pertaining to this issue was placed before the jury. The jury was then instructed not to consider the statement unless it concluded beyond a reasonable doubt that it had been voluntarily given.