Consent is defined – section 348: ‘consent freely and voluntarily given by a person with the cognitive capacity to give the consent’, without interference of ‘force, threat, intimidation, fear, bodily harm, exercise of authority, false and fraudulent representations about the nature or purpose of the act or by a mistaken belief induced by the accused person that the accused person was the person’s sexual partner’.
freely and voluntarily’ was considered by Muir JA at [77]-[81] in R v Winchester [2014] 1 Qd R 44; [2001] QCA 374 to mean the ‘exercise of free choice’