What is the definition of consent for the purposes of the felony-murder special circumstance?

^10. The jury correctly was instructed that against one's will means without the consent of the alleged victim. (See People v. Giardino (2000) 82 Cal.App.4th 454, 460, 98 Cal.Rptr.2d 315; People v. Cicero (1984) 157 Cal.App.3d 465, 480, 204 Cal.Rptr. 582.) The trial court then defined consent for the jury, pursuant to CALJIC No. 1.23.1 as positive cooperation in an act or attitude as an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. CALJIC No. 1.23.1 is based on the statutory language in section 261.6. In part II.A.2., infra, we reject defendant's contention that the trial court's instructions on consent were inadequate.

^11. Defendant does not argue that, assuming there was sufficient evidence of attempted rape, the evidence was insufficient to establish that the murder was committed while [he] was engaged in ... the commission of, or attempted commission of, or the immediate flight after committing, or attempting to commit, a rape with the meaning of the felony-murder special circumstance. ( 190.2, subd. (a)(17); see People v. Green (1980) 27 Cal.3d 1, 6061, 164 Cal.Rptr. 1, 609 P.2d 468.)