LACK OF CONSENT definition

LACK OF CONSENT means the acts must be committed either by threat, force
LACK OF CONSENT means the acts must be committed either by threat, force and intimidation or through the use of the victim’s mental or physical inabilities which can include when the victim is physically or mentally incapacitated by alcohol or drugs.
LACK OF CONSENT means the actor compels the other person to submit or participate by the use of physical force or violence; the actor compels the other person to submit or participate by threat- ening to use force against the other person, and the other person believes that the actor has the present ability to execute the threat; the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of apraising the nature of the act or of resisting it; the other person has not consented and the actor knows the other person

Examples of LACK OF CONSENT in a sentence

  • It must be noted that similar to Canada, Australia has only FNEMC | EQUATING A LACK OF CONSENT TO A VETO IS NOT ACCURATE OR HELPFUL AND SHOULD BE DISCOURAGED.

  • THE LACK OF CONSENT, ITS WITHDRAWAL AND ENTERING INTO MARRIAGE WITHOUT CONSENT The lack of consent, its withdrawal and entering into marriage without it had some legal consequences.According to Jerome Reich “it was unwise to wed without parental consent”24.

  • The judge to whom a case has been assigned certified for a jury trial under Rule 6 will determine the following motions in accordance with the Superior Court Rules of Civil Procedure, the general order, and any applicable calendar orders: ***** (b) MOTIONS TO BE DECIDED BY THE ASSIGNED JUDGE BASED ON A PARTY’S LACK OF CONSENT TO A MAGISTRATE JUDGE.

  • In rape LACK OF CONSENT to the sexual act is what makes it an offence.

  • Legal Redress AvailableFor a victim of rape to be successful in prosecuting a case of rape, the most important thing she has to prove is LACK OF CONSENT, that is, that the accused had unlawful carnal knowledge of her without her consent.

  • Payment of principal of (and premium, if any) and interest on Debentures issued as Global Debentures shall be payable by the Company through the Paying Agent to the Depositary in immediately available funds.

  • LACK OF CONSENT TO DIRECT MARKETINGA person whose personal data is processed within the framework of direct marketing has the right to object to the processing of their data for marketing purposes.

  • V LACK OF CONSENT OF THE FIRST WIFEIn the absence of an annulment, and in the event of death of the husband, only the third wife would have been lawfully recognised as having any patrimonial interest in their husband’s estate, as her marriage was the only one recorded with the Department of Home Affairs.In Mayalane v Ngwenyama11, the applicant had married her late husband in terms of customary law and the marriage was never registered.

  • HEREBY CERTIFY that on the 13th day of January, 2017, I filed the foregoing MEMORANDUM OF FMC CORPORATION IN SUPPORT OF MOTION TO DENYENFORCEMENT FOR LACK OF CONSENT JURISDICTION electronically through the CM/ECF system, which caused the following parties or counsel to be served by electronic means, as more fully reflected on the Notice of Electronic Filing: David M.

  • AN MFN CLAUSE CANNOT BE APPLIED TO CURE THE LACK OF CONSENT TO ARBITRATE16a.


More Definitions of LACK OF CONSENT

LACK OF CONSENT means that the victim has not given consent or is incapable of giving consent because of mental, developmental, physical, or legal disability; that the force of violence is used or threatened and is accompanied by apparent power of execution; that the victim is incapable of resisting or giving consent due to intoxication or the influence of drugs; or that the victim did not understand the nature of the act at the time.

Related to LACK OF CONSENT

  • Requisite Shareholder Approval shall have the meaning set forth in Section 4.3(a).

  • Lender Consent means any lender consent delivered by a Lender on the Closing Date in the form of Exhibit 4.1(a).

  • Requisite Stockholder Approval means the affirmative vote of the holders of a majority of that company’s issued and outstanding shares entitled to vote on the Merger actually voting in favor of this Agreement and the Merger.

  • Plan of Conversion has the meaning given such term in Section 14.1.

  • Requisite Consents means all approvals, permissions and consents (whether statutory or otherwise) required from time to time from parties other than the Consultees in respect of the works or activities covered by a Proposal;

  • Special Approval means approval by a majority of the members of the Conflicts Committee.

  • Stockholder Approval has the meaning set forth in Section 4.5.

  • Voting Capital Stock means with respect to any Person, securities of any class or classes of Capital Stock in such Person ordinarily entitling the holders thereof (whether at all times or at the times that such class of Capital Stock has voting power by reason of the happening of any contingency) to vote in the election of members of the board of directors or comparable governing body of such Person.

  • Shareholder Approval means such approval as may be required by the applicable rules and regulations of the Nasdaq Stock Market (or any successor entity) from the shareholders of the Company with respect to the transactions contemplated by the Transaction Documents, including the issuance of all of the Shares and Warrant Shares in excess of 19.99% of the issued and outstanding Common Stock on the Closing Date.

  • Make-Whole Acquisition means the occurrence, prior to any Conversion Date, of one of the following:

  • Stockholder Approval Date means the date on which Stockholder Approval is received and deemed effective under Delaware law.

  • Required Consent has the meaning set forth in Section 4.4.

  • Company Stockholder Approval has the meaning set forth in Section 4.2(b).

  • Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity.

  • Make-Whole Acquisition Stock Price means the consideration paid per share of Common Stock in a Make-Whole Acquisition. If such consideration consists only of cash, the Make-Whole Acquisition Stock Price shall equal the amount of cash paid per share of Common Stock. If such consideration consists of any property other than cash, the Make-Whole Acquisition Stock Price shall be the average of the Closing Price per share of Common Stock on each of the 10 consecutive Trading Days up to, but not including, the Make-Whole Acquisition Effective Date.

  • Requisite Approval means the affirmative vote of the holders of at least a majority of the shares of outstanding Company Common Stock and outstanding Company Preferred Stock voting as a single class.

  • Conditional approval means a time-limited status that results when an approved nursing education program has failed to maintain requirements as set forth in this chapter.

  • Required Approvals shall have the meaning ascribed to such term in Section 3.1(e).

  • Required Approval has the meaning specified in Section 2.2(b).

  • Specified Conditions means, at any time of determination thereof, (a) no Incremental Term Loans in the form of an institutional term loan B facility have been issued and are outstanding pursuant to Section 2.20 of the Credit Agreement and (b) (i) the Company’s “corporate credit rating” from S&P (or such other term as S&P may from time to time use to describe the Company’s senior unsecured non-credit enhanced long term indebtedness, such rating, the “S&P Rating”) shall be at least BBB- (with a stable outlook) and the Company’s “corporate family rating” from Xxxxx’x (or such other term as Xxxxx’x may from time to time use to describe the Company’s senior unsecured non-credit enhanced long term indebtedness, such rating, the “Xxxxx’x Rating”) shall be at least Baa3 (with a stable outlook) or (ii) (x) the Company’s S&P Rating shall be at least BBB- (with a stable outlook) or the Company’s Xxxxx’x Rating shall be at least Baa3 (with a stable outlook) and (y) the Leverage Ratio is less than or equal to 2.50 to 1.00.

  • Common Share Reorganization has the meaning set forth in Section 4.1;

  • Company Shareholder Approval has the meaning set forth in Section 4.03(d).

  • Governmental Consent means any notice to, registration, declaration or filing with, exemption or review by, or authorization, order, consent or approval of, any Governmental Entity, or the expiration or termination of any statutory waiting periods;

  • Control Transaction means any of the following transactions or any combination thereof:

  • Required Shareholder Approval has the meaning in Section 2.20.

  • Unit Majority means (i) during the Subordination Period, at least a majority of the Outstanding Common Units (excluding Common Units owned by the General Partner and its Affiliates), voting as a class, and at least a majority of the Outstanding Subordinated Units, voting as a class, and (ii) after the end of the Subordination Period, at least a majority of the Outstanding Common Units.