Word: consent
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...Rape may also include intercourse when theperson is incapable of expressing or withholdingreasoned consent, or is prevented from resentingbecause of the intake of alcohol or drugs," thereport states...
According to Jarvenpaa, the task forcedefinition would focus on the actions of theperpetrator by requiring him or her to activelyseek consent of the victim...
Agreeing that the definition of rape needs to be consistent with Massachusetts law, it calls the Task Force's definition "overly broad." "Basing rape on an expression of consent creates too many situations where someone could be unfairly called a rapist...
...Rape includes any act of sexual intercourse that occurs without the expressed consent of the person, or is accompanied by physical force or threat of bodily injury. Lack of consent may be indicated physically or verbally and needs only to be expressed once...
...Rape may also include intercourse when the person is incapable of expressing or withholding reasoned consent, or is prevented from resisting, because of the intake of alcohol or drugs. Rape includes not only non-consensual or forced vaginal intercourse, but may also include the penetration of any bodily orifice with a body part or other object...