A remedial lesson in consent

I've already mentioned that a police officer is on trial for rape. The defence has an interesting new definition of consent:

Mr Gotlieb told a jury in Auckland District Court today that five defence witnesses would be called. He said one witness, Les Gardener, was expected to tell the court the woman suggested sex with him earlier in the evening, before she was allegedly raped by the policeman.

What is the judge doing? Why is that evidenence?

For the judges and defence lawyers out there, any woman can say no to sex. A woman can say no to sex with one man after suggesting sex with another man. I know that's a hard concept to grasp - but if you have trouble with it I'm sure I could provide a mallet.