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55) Clinical assessments focus on the history of the person, their criminal acts, and any predispositions for less inhibited behavior to determine if the person has "specific sexual attraction to unusual behavior, nonhuman objects, or sexual activities involving nonconsent.
Even the most despicable beliefs can be relevant to determining a defendant's mens rea--whether the defendant knew the victim did not consent or was reckless or negligent as to the victim's nonconsent.
Surgery was not repeated in the patient with the 2 mm stone due to nonconsent.
The complainant claimed that she remained passive during the incident to express her nonconsent and also told him "no sex", but said she was too drunk and drowsy to articulate herself more clearly.
attacker ("forcibly"), plus the nonconsent of the female
However, those who do not perceive the situation as abusive believe they had not adequately expressed their nonconsent and had finally given in to the undesired sexual experience due to pressure or coercion.
Resistance, in this instance, is proof not of nonconsent, but of capacity to consent.
a copyright owner may fail to express his nonconsent early on, despite
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: