Sentences with phrase «such lack of consent»

Essentially, they can be appealed if no true enforceable agreement existed; absent evidence of such lack of consent, leave to appeal should not be granted by a court.

He or she engages in sexual intercourse with another person without such person «s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Not exact matches

The new version reads as such: «Silence or lack of resistance, in and of itself, does not demonstrate consent.»

But, in U.S. criminal law, even when a victim's lack of consent is an element of the crime, such as for the crimes of theft or rape, criminal liability can not be eliminated by having the victim ratify the perpetrator's conduct after the fact.

(2) A lack of consent does not invalidate such statutory accident benefits as are set out in the Statutory Accident Benefits Schedule.

Thus the Crown argued that at such a high level of intoxication she lacked the «capacity» to consent to sexual activity and D.I. knew this or was wilfully blind that he lacked consent.

Any person at least 15 1/2 years of age who, except for age or lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a motorcycle or motor - tricycle license or endorsement, may apply, with the written consent of the parent or guardian of such person, for a temporary motorcycle instruction permit to operate a motorcycle or motor - tricycle.

Any action or litigation concerning this Promotion shall take place exclusively in the federal or state courts sitting in New York County, New York, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts.