Without consent definition

Without consent means any of the following:The defendant compelled the victim to submit by an act of coercion as defined in §§ 791 and 792, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. The victim need resist only to the extent that it is reasonably necessary to make the victim’s refusal to consent known to the defendant, unless such resistance would be futile or foolhardy.The defendant knew the victim was unconscious, asleep or otherwise unaware that a sexual act was being performed.The defendant knew the victim suffered from a cognitive disability, mental illness or mental defect which rendered the victim incapable of appraising the nature of the sexual conduct or incapable of consenting. Where the defendant is a health professional, or a minister, priest, rabbi or other member of a religious organization engaged in pastoral counseling, the commission of acts of sexual contact, sexual penetration or sexual intercourse by such person shall be deemed to be without consent of the victim where such acts are committed under the guise of providing professional diagnosis, counseling or treatment and where at the times of such acts the victim reasonably believed the acts were for medically or professionally appropriate diagnosis, counseling or treatment, such that resistance by the victim could not reasonably have been manifested.The defendant had substantially impaired the victim’s power to appraise or control the victim’s own conduct by administering or employing without the other person’s knowledge or against the other person’s will, drugs, intoxicants or other means for the purpose of preventing resistance.Note: “health professional” includes all individuals who are licensed or who hold themselves out to be licensedor who otherwise provide professional physical or mental health services, diagnosis, treatment or counseling and shall include, but not be limited to, doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists. 11 Delaware Code § 761. How is consent defined?
Without consent means no consent in fact or that consent is given for one of the following reasons:
Without consent means that a person

Examples of Without consent in a sentence

Without consent of the parties, this agreement cannot be assigned to any third party.

Without consent of the Board of Directors, a membership voting list may not be obtained or used by any person for any purpose unrelated to a member’s interest as a member.

Without consent, disputes will arise regarding the contract of employment and the terms thereof.74 Also, where a court has to decide upon an implied term, it is necessary that it should be sure as to exactly what the parties would have agreed upon.

Without consent, a reference under § 636(b) is limited to non-case-dispositive pretrial matters or recommendations on case-dispositive matters.

Without consent of any Holder of a Security, the parties thereto may amend or supplement the Indenture to, among other things, cure any ambiguity or omission, to correct any defect or inconsistency, or to make any other change that does not adversely affect the rights of any Holder of a Security.


More Definitions of Without consent

Without consent means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.
Without consent means the defendant compelled the victim to submit by any act of coercion as defined in §§ 791 and 792 of this title 11 of the Delaware Criminal Code, or by force, by gesture, or by threat of death, physical injury, pain or kidnapping to be inflicted upon the victim or a third party, or by any other means which would compel a reasonable person under the circumstances to submit. It is not required that the victim resist such force or threat to the utmost, or to resist if resistance would be futile or foolhardy, but the victim need resist only to the extent that it is reasonably necessary to make the victim's refusal to consent known to the defendant; or
Without consent. , as used in this section means:
Without consent means that an act was committed either by threat, coercion, force, or intimidation, or through the manipulation of the victim’s mental or physical ability such as when the victim is physically or mentally incapacitated by alcohol or other drugs. One who is incapacitated as a result of alcohol or other drug consumption (voluntary or involuntary), or who is unconscious, unaware, or oth- erwise unable or under the legal age to provide consent, is incapable of giving consent.
Without consent as used in this section means (a) the victim is compelled to submit by force against himself, herself or another, or (b) the victim is incapable of
Without consent five states refer to a “no means no” standard,146 while another five require force or threat of force (or incapacitation).147 Finally, fifteen states and the District of Columbia chose to explicitly state that the victim need not resist for the elements of the crime to be satisfied.148 While demonstrating the numerous possibilities for statutory structures, these groupings unfortunately do little to illuminate the workings of rape law in modern America.
Without consent means Defendant compelled the person to submit by an act of coercion, force or gesture, by threat of death, physical injury, pain or