Current Laws

Status of Consent
Alabama considers consent to be “acquiescence” or “compliance.”

Sexual misconduct by fraud is a misdemeanor.

Problems with Existing Laws
Alabama is a “words and actions” state, with a heavy emphasis on forcible compulsion.

“Compliance” is only consent when a freely given, knowledgeable and informed agreement has taken place.

“Acquiesence” is agreement under duress, not consent.

Alabama provides an extensive list of actions it considers “lack of consent” but does not actually define consent in its statutes.

Status of Consent
Consent means a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action.

Problems with Existing Laws
Dependence on “word or action” is a blame-the-victim, Yes Means Yes concept. Influence, not the “word or action,” that results from that influence should determine if consent is present.

Alaska’s “coercion” only results from force or fear of force. No other types of threat are considered.

Consent is revocable, not reversible (see chapter 2).

Temporary incapacity applies only when the offender administers the drugs or alcohol.

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts it deems “without consent.”

Coercion on applies from force or threat of force.

Deception regarding the act but not the actor except when imposter pretends to be the victim’s spouse.

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts it deems “lack of consent.”

Coercion is specific to force or fear of force.

Deception as to the nature of the act, but not the actor.

Incapacity only by nonconsensual administration of intoxicant or substance, or when the victim is unaware the act is taking place.

Status of Consent
261.1 – Consent means “Positive cooperation in act or attitude pursuant to the exercise of free will.”

The person must act freely and voluntarily and have knowledge of the act or transaction involved.

Problems with Existing Laws
“Positive cooperation in act or attitude,” by the victim may have been influenced by force, duress, deception or exploitation of their incapacity. This Yes Means Yes statement enables blame-the-victim defenses.

How a victim behaves before, during, and after a sexual assault has no bearing on whether the accused used malicious influence to secure their compliance.

Victims should have knowledge of the actor as well as the act.

Status of Consent
Consent is “Cooperation, act or attitude pursuant to any exercise of free will and with knowledge of the nature of the act.”

Submission under fear shall not constitute consent.

Problems with Existing Laws
“Cooperation, act or attitude,” can be influenced by force, duress, deception or exploitation of their incapacity. This Yes Means Yes statement enables blame-the-victim defenses.

How a victim behaves before, during, and after a sexual assault has no bearing on whether the accused used malicious influence to secure their compliance.

Status of Consent
No consent definition- only “lack of consent,” including force or threat of force, mental incapacity, mental disability, or physical helplessness.

Problems with Existing Laws
Lists only specific conducts it deems “lack of consent.”

Status of Consent
No consent definition- only “without consent,” including force or threat of force, other coercive means that would compel a reasonable person, mental deficiency, utilization of a ruse by a health practitioner or religious counselor, nonconsensual administration of intoxicants or drugs.

Problems with Existing Laws
Lists only specific conducts it deems “without consent.”

A person who is intoxicated or drugged, beyond clear thinking, and the accused reasonably should have known, should be off limits regardless of how they got that way.

Status of Consent
“Words or overt actions indicating a freely given agreement to the sexual act or contact in question.

Lack of verbal or physical resistance or submission of the victim, resulting from the use of force, threats, or coercion by the defendant shall not constitute consent.

Problems with Existing Laws
“Words or overt actions” is a victim-blaming, Yes Means Yes concept.

Although deception by a doctor or during a psychotherapy session is covered, DC’s laws protect no other victim of deception.

“Words or overt actions” by the victim can be induced by force, duress or deception, or by exploiting incapacity and should not determine if consent takes place.

The offender is fully aware that they used malicious influence even when the victim does not know it at the time.

Status of Consent
“Intelligent, knowing, and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean failure by the alleged victim to offer physical resistance to the offender.”

Problems with Existing Laws
Defining the meaning of a word by using the word is confusing. It should read “Intelligent, knowing, and voluntary agreement.” Incapacity is not included.

Voluntary incapacity due to drugs or alcohol may be prosecuted.

Status of Consent
No consent definition. Rape is a crime when committed by force or against the will of a female victim.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition. Using force or threat of violence, overcoming a mentally defective victim, threats of future retaliation, or overcoming the victim by concealment or surprise is a sex crime.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition. Compulsion by force or instilling fear of public humiliation, property damage, or financial loss, is a sex crime.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition.

Sexual contact with a victim who is unconscious of the nature of the act is a crime.

Using pretense or artifice to convince the victim that the offender is their spouse or a different person than who they are is a crime.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Rape is penile penetration.

Status of Consent
“Freely given agreement to the act of sexual penetration or sexual conduct in question.

• Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent.
• The manner of dress of the victim at the time shall not constitute consent.
• A person who initially consented to any sexual penetration or any sexual conduct that occurs after he or she withdraws consent during the course of sexual penetration or sexual conduct is not deemed to have consented.”

Problems with Existing Laws
Fails to state that agreement must be knowledgeable and informed.

Agreement is required about the conduct but not about the actor. Threat of force is far from the only type of threat that a malicious predator can use to influence their victim.

Problems with Existing Laws
Lists only specific conducts it will prosecute and has deliberately refused to address acts of deception.

No Means No ignores that the victim could be too frightened or incapacitated to say “No,” Also, they may have been tricked into compliance.

Status of Consent
No consent definition.

Sexual assault is by force or threat of force, if mentally deficient, if unaware of the conduct, and if attempts to refuse sexual contact are ignored.

Problems with Existing Laws
Lists only specific conducts it will prosecute and fails to address other acts of deception.

Status of Consent
No consent definition. “Sexual abuse” takes place against the victim’s will by force, threat of force, when the victim is influenced by a sleep producing drug or is unconscious.

Misrepresentation of a medical, therapeutic, or legal nature concerning the act is a sex crime.

Problems with Existing Laws
Lists only specific conducts as sex crimes.

Status of Consent
No consent definition. Overcoming the victim by forcible compulsion or fear, or if they are unconscious, mentally deficient, younger than 14, or by a ruse that the action is medically necessary or a legal requirement, is a sex crime.

Problems with Existing Laws
Lists only specific conducts as “lack of consent.”

“Expressly or impliedly acquiesce” is a victim-blaming concept.

Status of Consent
No consent definition. Forcible compulsion, incapacity, or if the victim does not expressly or impliedly acquiesce, indicates lack of consent.

Problems with Existing Laws
Lists only specific conduct as criminal offenses.

Status of Consent
No consent definition. Victim must resist the act to the utmost or be prevented from doing so by threats of great and immediate bodily harm,

A sex crime is committed when the victim is threatened by a weapon, when under 13, has an IQ of 70 or lower, is a quadriplegic or paraplegic, when resisting the offender’s violence would not prevent the rape, when they believe the offender is someone else who is known to them, and when the offender administers a drug or intoxicant without their knowledge.

Problems with Existing Laws
“Expressly or impliedly acquiesced is a Yes Means Yes, victim-blaming concept. Lists only specific conducts as criminal “sexual conduct.”

Considers intoxication or drugs only if administered by the offender.

Status of Consent
No consent definition. Sex crimes take place through force and threat of force and if the other person has not expressly or impliedly acquiesced.

Problems with Existing Laws
Lists only specific conducts as criminal conduct.

Status of Consent
No consent definition.

A sex crime occurs by force, threat of force, without the (undefined) consent of the person, cognitive impairment, mental incapacity, or when the victim is younger than the age of reason.

Problems with Existing Laws
Lists only specific conducts as criminal conduct.

Status of Consent
No consent definition.

Sexual assault occurs by force, against the victim’s will, or threat of bodily injury.

Status of Consent
No consent definition.

Sexual assault takes place by force or threat of force.

Problems with Existing Laws
Lists only specific conducts as criminal conduct.

Problems with Existing Laws
“Words or overt actions” is a victim-blaming Yes Means Yes, concept. No matter what you say or do, if the offender used force, fear, fraud or exploited your incapacity, you did not consent. The victim should have the right of consent to the actor as well as the act. Consent is the same in all things, not only sexual contact.

Status of Consent
Consent – Words or overt actions by a person indicating a freely given, present agreement to perform a particular sexual act with the actor.

Physical helplessness is covered as an offense.

Problems with Existing Laws
Lists only specific conducts as criminal conduct.

Status of Consent
No consent definition.

Problems with Existing Laws
While Missouri states clearly what does not constitute consent, it fails to uphold its own provisions. Refer to the Mario Antoine case, (Chapter 2).

Status of Consent
No consent definition, but Missouri bases rape on not having (undefined) consent.

2nd degree rape – “Assent is not consent if induced by force, duress or deception.”

Intoxication, incapacity by drugs only covered if administered without victim’s knowledge or consent.

Problems with Existing Laws
Overt actions are a conveyance, but can only convey consent when consent (the noun) is actually taking place. “Overt actions” is a Yes Means Yes, victim-blaming concept.

Lack of consent should be based on the influence used by the accused, not the, “surrounding circumstances.”

Status of Consent
Overt actions indicating a freely given arrangement to have sexual intercourse or sexual contact through words or actions.

Lack of consent may be inferred based on all of the surrounding circumstances and must be considered in determining whether a person gave consent.

Problems with Existing Laws
List specific conducts the state will prosecute.

Status of Consent
No consent definition.

“Without consent” is determined by force, threat of force, coercion, saying “No,” deception as to the actor’s identity or the nature of the act.

Verbal or physical resistance is not required when the victim feels resistance would be futile.

Nebraska identifies force, coercion, and deception as to the identity of the actor or nature of the act as “without consent.”

Problems with Existing Laws
Lists only specific conducts as sexual assaults.

Status of Consent
Consent is not defined.

Sexual assault is “against the will of the victim.”

Problems with Existing Laws
Lists only specific conducts as “lack of consent.”

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts as “lack of consent.”

Status of Consent
No consent definition but lists “lack of consent” similar to model penal code: Consent is ineffective, unless otherwise provided, if it is given by a person who is induced by force, duress, or deception, or by a person who is legally incompetent or otherwise unable to judge the harmfulness of the conduct. N.J.S.A. 2C:2-10c.

Problems with Existing Laws
Lists only specific conduct.

Status of Consent
No consent definition.

Prosecutes sexual assault for the use of physical force, violence, threat of force, extortion, retaliation, physical punishment, kidnapping, incapacity, misuse of a psychotherapy relationship.

Problems with Existing Laws
Neither Yes Means Yes nor No Means No is correct… The influence used by the accused, not the “words and actions” resulting from that influence, determines if consent is actually taking place. The accused knows what influence they used to secure compliance.

In addition:

Consent is the same in all things, not solely sexual activity.

Consent is not “mutual.” It is a very personal, singular attitude by a specific individual, and must take place simultaneously with the other agreeing party.

Pending bills #A1140 and #S5510 will correctly define consent when passed.

Status of Consent
No consent definition in penal law; however, sexual assault is conducted “without consent,” – which is undefined – but the victim must express their “lack of consent” through their words and actions. This is a No Means No, victim-blaming law.

Conversely, NY has a Yes Means Yes education law called “Affirmative Consent” making “consent” a mutual decision that must be clearly expressed.

Problems with Existing Laws
Lists only specific conducts as “lack of consent.”

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts it will prosecute. Fraud covers only fraud in the factum but not fraud in the inducement. If one type of fraud is a weapon in sexual assault, every type of fraud is a weapon in sexual assault.

Status of Consent
No consent definition but it is unlawful to engage in a sexual act when the victim is unaware that a sexual act is being committed. This applies to fraud in the factum cases and if the victim is intoxicated, drugged or otherwise unconscious,

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Deception is a crime when tricking a person into believing the offender is their husband or if they are “unconscious of the nature of the act.”

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only forcible compulsion or incapacity to consent.

Relies on a findlaw.com definition to describe possible defenses against sexual assault charges.

Status of Consent
No consent definition – Poor use of the word “acquiesce.”

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific acts it will prosecute.

Status of Consent
No consent definition.

Use of trickery, deception, simulation or cover-up regarding the identity of the offender is a crime. Sexual assault includes battery against the bodily or psycho-emotional inte

Sexual assault includes battery against the bodily or psycho-emotional integrity and dignity of the victim.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Spousal rape is not 1st degree rape.

Status of Consent
No consent definition.

Problems with Existing Laws
the identity of the offender is a crime.

Lists only specific acts it will prosecute.

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition but Tennessee identifies force, duress and deception by fraud as “rape.”

Problems with Existing Laws
1.07-11 Consent means more than “assent.” Assent is agreement on the face of it.

Suggested language: “Assent is not consent when induced by force, duress, deception, or by exploiting incapacity. (as in Rape in the 2nd Degree, Missouri.)

1.07-19 Indicates what consent is not, but does not indicate what consent is.

1.07 only applies “consent” to theft but not sexual assault.

Status of Consent
Section 1.07-11 “Consent means assent in fact whether express or apparent.”

*Section 1.07-19 “Effective Consent” Consent is not effective if: (A.) induced by force, threat (duress) or fraud (deception.)

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition.

Problems with Existing Laws
Lists only specific conducts as “without consent.”

Posing as the victim’s spouse is a crime, but not posing as anyone else.

Status of Consent
No consent definition.

Problems with Existing Laws
“Words or actions” is a Yes Means Yes, victim-blaming concept. Influence, not the resulting words and actions should determine whether consent did or did not take place.

The offender knows if they used malicious influence even if the victim does not know it at the time.

Status of Consent
“Words or actions by a person indicating a voluntary agreement to engage in a sexual act.”

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition.

Sexual battery by ruse is a Class A misdemeanor.

Problems with Existing Laws
“Actual words and conduct” is a Yes Means Yes, victim-blaming concept. Influence, not the resulting words and actions should determine whether consent did or did not take place.

Status of Consent
“Actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact at the time of the act.”

Problems with Existing Laws
Lists only specific conducts as “lack of consent.”

Status of Consent
No consent definition.

Problems with Existing Laws
Consent, by its very nature, is “informed.” The term “informed consent” is confused terminology.

“Words or overt actions” is a Yes Means Yes, victim-blaming concept. Influence, not the resulting words and actions should determine whether consent did or did not take place.

Status of Consent
“Words or overt actions by a person who is competent to give informed consent indicating a freely given agreement to have sexual intercourse or sexual contact.

Problems with Existing Laws
Lists only specific conducts it will prosecute.

Status of Consent
No consent definition.