Consent In Rape Cases

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Rape is defined by the Federal Bureau of Investigation as penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. It is a simple definition, and it should be common sense to know what is and is not rape. The concept that many struggle with, however, is consent. The word consent stems from the Latin word sentire, which means “feel”. Its prefix— con— means “together”. Consent, therefore, is to “feel together” (the keyword, in this case, is together). In order for a sexual act to be performed, both parties must consent to everything that is being done. The decision must be made together. Rape and consensual sex are two entirely different things, but controversy and speculation have blurred the line…show more content…
Were you drinking? What were you wearing? What is your sexual history? These questions are used, even by law enforcement, to scrutinize victims, invalidate their experience, and transfer the blame from the assailant to the victim. Often enough, opinions on what lies in the parameters of consent tend to be warped. Rape victims are usually asked whether they said no or fought back. It is believed in many cases that, if someone fails to verbally object or to fight back, that they are consenting to sexual activity. This, however, could not be more false, morally and legally. As stated in the 10 U.S. Code § 920, “An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance . . . does not constitute consent.” Another common opinion is that if someone is intoxicated, they have already consented to sex. This implies that the sex was consensual. Consent, legally, is a freely given agreement to the conduct at issue by a competent person . However, no one in a state of intoxication is competent, and is therefore unable to legally

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