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Consent occurs when one person voluntarily agrees to the proposal or desires of another. [1] It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual consent.
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 'nature' of the act here is therefore taking the complainant away by fraud. The complainant did not consent to that event. All that she consented to was a ride in the car, which in itself is irrelevant to the offense and a different thing from that with which Mr Cort is charged".
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.
The explanatory notes read: "Whether or not the child consented to this act is irrelevant". [31] The term rape is used with regard to children under 13; consensual sexual penetration of a child above 13 but under 16 is defined as sexual activity with a child, and punished less severely (section 9, which requires the perpetrator to be 18 or over).
"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
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The person has the right to refuse to give consent, and except in limited cases may revoke consent at any point during the search. In addition, the prosecution in any trial using the search results as evidence is required to prove that the consent was voluntary and not a result of coercion.