Sentences with phrase «lack of consent on»

Not exact matches

The jury convicted Cosby on three counts — penetration with lack of consent, penetration while unconscious, and penetration after administering an intoxicant — all felonies and punishable by up to 10 years in jail, though the terms could be served concurrently.

By not having her consent and forcing his will on her he proves his lack of inspiration.

MPs are due to debate the second reading of the EU amendment bill, in which Mr Davidson planned to insert an amendment calling for the bill to be thrown out on the grounds of lack of public consent.

In June, Bedoya and eight other consumer advocates walked out of discussions on privacy guidelines led by the National Telecommunications and Information Administration, part of the Department of Commerce, citing lack of incentive for businesses to give people the right to consent to having their faces recognized.

(Unlike the doctors who famously took tissue from Henrietta Lacks, she did so with the consent of the patient, who had enrolled on a research study for AML.)

First and foremost, this is about justice for Indigenous peoples and whether or not we, as a country, are willing to take a stand when a self - styled progressive politician preaches reconciliation and pledges to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) all while pushing a project lacking any modicum of Indigenous consent.

But — again focusing on the statutory rape charge at the heart of the case, and not on the charges that required a showing of lack of consent — it's hard to see perversion of justice in sticking with an old rule that would set the age of consent one day earlier than the majority thinks reasonable.

At trial, Judge Lenehan found it reasonable to conclude that Al - Rawi was engaging in or about to engage in sexual activity, but he acquitted Al - Rawi on the basis that the Crown had produced «no evidence» of lack of consent or lack of capacity to consent when Al - Rawi was touching the complainant.

The lack of clarity here over the role of provincial consent has led Pal to concludes that its possible that only the general amending formula can be used for electoral reform, and the matter should be referred to the Court on this issue specifically.

In addition, the Crown relied on an Ontario Court of Justice decision wherein the Court stated that because the complainant in that case was passed out and was unresponsive, there was clear evidence that she lacked the capacity to consent.

Successfully defended a surgical ophthalmologist in a medical malpractice action based on lack of informed consent.

While it has always been well established that an adult who lacks capacity can not give valid consent to treatment, the Mental Capacity Act (MCA) places a renewed emphasis on the autonomy of the patient and imposes a clear requirement to involve patients and those close to them in the decision - making process in relation both to medical treatment and to the...

Ms. Brown brought an action against Dr. Baum alleging lack of informed consent on June 4, 2012, over 3 years after the initial surgery but within 2 years of when Dr. Baum last treated her to correct the original problems.

The opinion also analyzed at length the language and legislative history of the Kentucky informed consent statute, KRS 304.40 - 320, and held that it did not affirmatively impose a duty on a physician, but rather created a «safe harbor,» compliance with which should absolve the physician from liability for an alleged lack of informed consent.

Comment: An agency that provides care to individuals with mental retardation and developmental disabilities expressed concern that many of their consumers lack capacity to consent to the release of their records and may not have a surrogate readily available to provide consent on their behalf.

The Court relied heavily on guidelines given by the Family Division in Coventry City Council v C [2013] EWHC 2190 (Fam), where the Court stated that every social worker must be satisfied that the person giving consent has capacity to do so, and that even if the person does not lack capacity that the social worker must be satisfied that the consent is fully informed (meaning that the parent must understand the consequences of giving consent, the range of choices available, the consequences of refusal and of giving consent, and must be in possession of all the facts and issues material to the giving of consent), fair and proportionate, and where possible parents must obtain legal advice before consenting.

These matters have come to the fore recently in the debate on the ability a woman has to consent to sexual intercourse, when apparently lacking capacity to do so as a result of excessive intake.

Mostyn J said that his order would state that Practice Direction 30A, para 14.1 did not prevent the wife from applying to revoke the order on the grounds of either (i) withdrawal of consent or (ii) lack of capacity.

On the basis that in this case, the wife was challenging the consent order because there was no true consent, either because that had been withdrawn (by the wife's letter of 13 April 2012) or that she lacked capacity (because she had been mentally ill when agreement was reached), Mostyn J felt that the final sentence of Practice Direction 30A did not apply in this case.

AdEx is a decentralized advertising network built on top of Ethereum, designed to disrupt the existing online advertising industry landscape and solve it's significant problems: advertising fraud, privacy and consent to receiving sponsored messages, lack of reporting transparency and etc..

In New Jersey, you can obtain an annulment on the grounds of fraud, duress, bigamy, one party being under the age of 18, inability or unwillingness to consummate the marriage; one party concealing their inability to conceive; incapacity (lack of ability to consent) or incest.

The elements of this principle include the lack of coercion, intimidation and manipulative actions; that consent has been sought in advance and consultation processes have been respected; information is provided on the scope of the activity; and that consultation and participation are undertaken in good faith.

As acknowledged by the Special Rapporteur on the situation on the rights and fundamental freedoms of indigenous peoples, the lack of appropriate consultation, negotiation, and the application of free, prior, and informed consent, has been clearly demonstrated as a clear violation of human rights standards in the Australian Governments Northern Territory Emergency Response.

In total, the rate of participation was 80 % due to a lack of parental consent or absence on the day of testing for the remaining 20 % of students.