I guess I see it as a definition of incapacity. We currently have a definition that says consent is “the voluntary agreement of the complainant to engage in the sexual activity in question”. The question the code leaves unanswered is in what circumstances that voluntary agreement could appear to be present but in fact is not. I shouldn't say that it leaves it unanswered. Some circumstances are enumerated, for example, where the accused induces the complainant to participate by abusing a position of trust.
I would see those as actually definitions of what incapacity to consent means. In general, I would support giving more thought to the question of what incapacity actually is. Another way to look at it is to say that really what we're doing there is giving some substance to the notion of involuntary consent, right? I suppose you could think about it that way as well.