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How consent obtained under false pretenses relates to extortion charges
https://legiswiki.com/en/p/10005/how-consent-obtained-under-false-pretenses-relates-to-extortion-charges
Consent obtained under false pretenses relates to extortion charges primarily through the element of coercion or deception used to obtain property or benefits from a victim. False pretenses involve obtaining title or possession of another's property by knowingly making false representations with the...

Lack Of Consent

Lack of Consent: Definition and Examples

Lack of consent refers to situations where an individual does not provide voluntary, informed, and uncoerced agreement to engage in sexual activity. This can occur due to various factors, including coercion, incapacitation, or inability to understand the nature of the activity.

Factors Leading to Lack of Consent

  1. Coercion: This involves using threats, intimidation, or physical force to compel someone into sexual activity. Consent cannot be given if a person feels pressured or threatened with harm if they refuse.

  2. Incapacitation: A person is considered incapacitated if they are unable to make informed decisions due to factors such as:

    • Intoxication: Being under the influence of alcohol or drugs to the extent that they cannot understand the nature of the activity.
    • Sleep or Unconsciousness: Being asleep or unconscious means a person cannot give consent.
    • Physical or Mental Disability: Having a condition that prevents understanding or resisting sexual advances.

  3. Age: In many jurisdictions, minors below a certain age cannot legally consent to sexual activity. For example, anyone under 13 cannot consent, and those between 14 and 17 may only consent under specific circumstances.

  4. Verbal Non-Consent: Expressing a desire not to engage in sexual activity through words like "no" or "stop" clearly indicates lack of consent.

Key Points About Consent

  • Consent Must Be Voluntary: It cannot be inferred from silence or lack of resistance.
  • Consent Must Be Informed: All parties must understand the nature of the activity.
  • Consent Must Be Uncoerced: It cannot be given under threat or coercion.

Understanding these principles is crucial for recognizing when consent is lacking and ensuring that all sexual interactions are consensual and respectful.

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