What is the impact of fear on consent in the context of sexual assault cases?

Another significant component in the consideration of the complainant’s evidence as it relates to consent, concerns the effect of a complainant’s fear. As also noted in R v. Ewanchuk, supra., at para. 36 and 62, to be legally effective, consent must be freely given. That means that even if a complainant consents, or her conduct raises reasonable doubt about her non-consent, circumstances may arise which call into question the factors that prompted her to apparent consent. The Criminal Code defines a series of conditions when the law will deem an absence of consent in cases of assault, notwithstanding the complainant’s ostensible consent or participation. Section 265(3) of the Criminal Code includes submission by reason of force, fear, threats, fraud, or exercise of authority.