What is the effect of a trial judge's charge as to the complaint?

Ontario, Canada


The following excerpt is from Rex v. Calhoun, 1949 CanLII 104 (ON CA):

5. The effect of the trial judge's charge as to the complaint was that he indicated to the jury that it was corroborative of the prosecutrix's story as told in the witness-box, which was incorrect. He entirely failed to point out that there was no corroboration whatever on the vital issue of consent: Rex v. Evans (1924), 18 Cr. App. R. 123 at 124.

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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