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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. Consent as understood in specific contexts may differ from its everyday meaning.
[6] [7] [8] The word did not originate in Christianized Anglo-Saxon England as an acronym of "Fornication Under Consent of King"; Modern English was not spoken until the 16th century, and words such as "fornication" and "consent" did not exist in any form in English until the influence of Anglo-Norman in the late 12th century.
"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.
(2) No consent is obtained, for the purposes of sections 271, 272 and 273, where (a) the agreement is expressed by the words or conduct of a person other than the complainant; (b) the complainant is incapable of consenting to the activity; (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or ...
The International Criminal Tribunal for Rwanda in its landmark 1998 judgment used a definition of rape that did not use the word 'consent': "a physical invasion of a sexual nature committed on a person under circumstances which are coercive." [51] Marital rape, or spousal rape, is non-consensual sex in which the perpetrator is the victim's spouse.
Consent (criminal law), a defense against criminal liability Informed consent , obtaining subject approval for medical procedures Sexual consent , voluntary agreement to engage in sexual acts
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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.