LEGLST 1315 Lecture Notes - Sexual Assault, Date Rape, Chapter 27
Document Summary
Things that could occur but are not listed under the statute. Knowing and voluntary sex - this is what we want. You need someones consent to have sex with them. If a person is legally incapacitated to authorize. Given by a person of youth, mental disease or defect, or intoxication is not known. No means not, silence means no, and yes sometimes means no. If you do not hear a yes, than you do not have a yes. Person is a child, mental disease or defect or intoxicated. Consent or lack there of separate regular sexual activity from a crime. Title 18 section 3124 - insitutional sexual assault. Includes departments of corrections, county correctional authority, youth development center, youth forestry camp, state or county juvenile detention facility, licensed residential facility serving children and youth, mental health facility. If engage in sexual intercourse, deviate sexual intercourse.