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The court did not hold that the defendant's conduct was insufficient to qualify as rape, but that the victim's resistance did not sufficiently express her nonconsent.
Certain cases produce victims through sexual encounters that lead to trauma due to nonconsent or uncertainty about consent.
Sielke goes on to argue that the conquest of the mind through speech rather than physical force "underlines rape as a crime against the will, an act that is violent because it overrides ambivalence or nonconsent (18).
it would be misleading to tell individuals that they can withhold consent, for that implies that there will be no negative repercussions from telling the officer to leave them alone, when in fact, police may search and/or arrest nonconsenting individuals in many instances even after the suspect has manifested nonconsent.
The court reasoned that the prosecution did not proceed under the standard definition of unlawful sexual penetration, which requires proof of force and nonconsent, because the complainant's detailed recall of events was hard to reconcile with her claim to have been in a "deep sleep" during the assault:
67) Children can never consent in advance to being born, much less request or refuse to be enhanced at conception, although in his Rechtslehre, AK VI 281, Kant invokes the nonconsent of children to their existence in order to ground parental duties to their children.
Approximately 50% of the total number of students did not participate because of nonconsent or absenteeism.
This last segment and the conclusion are pertinent for any assessment of what many perceive as a long war of ideas, due mainly to its emphasis on the centrality of moral and legal rectitude in time of conflict that witnesses states of consent facing off against nonstates of nonconsent.
or resistance, as it presumed nonconsent based on the victim's age.
The proponents of the new legislation said under current law the state cannot prosecute a rape charge without meeting the standards of both force and nonconsent.
Prior to Wave 2, parents were reminded of their children's participation in the study and asked to return nonconsent forms if they wished to withdraw their children.