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Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence.In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.
Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law.
Within the scholarly literature, definitions surrounding consent and how it should be communicated have been contradictory, limited or without consensus. [1] [2] Dr James Roffee, a senior lecturer in criminology in the Monash University School of Social Sciences, argues that legal definition (see Legal concept of consent) needs to be universal, so as to avoid confusion in legal decisions.
The Statutes do not define consent, but if an actor engages in sexual intercourse or deviate sexual intercourse, or aggravated indecent assault, with a complainant without the latter's consent, this makes the actor punishable under 'Section 3124.1. Sexual assault', or 'Section 3125. Aggravated indecent assault', respectively.
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In some states' laws, consent does play a role, but in a limited manner or in exceptional circumstances, so that in the end the legislation remains coercion-based. Indiana: The Indiana Code does not define consent (§35-31.5-2). Consent only comes up in situations where the other person is deemed incapable of consenting (§35-42-4-1 to 14 ...
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent.The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
These actions are not explicitly defined by the law as indicators of consent; [14] however, the court may come to the conclusion that these actions in some way implied consent, as has often been the result in non-stranger rape cases. [14] Implied consent may also be used as a defense in the case of violent stranger rape. [13]