Under the current law, the consent element of the offence can either be considered as part of the actus rea of rape or as the mens rea, since the Crown must prove that the accused knew that the complainer was not consenting or was reckless about whether or not she consented.As the McKearney case in 2004 illustrated, the fact that, unfortunately, there has been no legal definition of consent in the context of rape has created a number of problems. The draft criminal code...