What is the test for consent in a sexual assault case?

"Lack of consent is an element of the crime of rape." (People v. Ireland (2010) 188 Cal.App.4th 328, 336.) The challenged portion of the instructions were based on sections 261.6 and 261.7. Section 261.6 provides: "In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, 'consent' shall be defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved. [] A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue in a prosecution under Section 261, 262, 286, 288a, or 289. [] Nothing in this section shall affect the admissibility of evidence or the burden of proof on the issue of consent." (Italics added.) Likewise, section 261.7 provides: "In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent."