Rape, Being A Touchy Subject

Consent is defined by NHS Choices (2010) as: "the principle that a person must give

In dementia care we often look to family, advocates other professionals and carers in order to gain consent when the individual no longer has the capacity.

Sexual abuse-Direct or indirect involvement in sexual activity without valid consent. Consent to a particular activity may not be given because the individual doesn’t wish to consent, lacks capacity and is unable to consent or feels coerced into an activity because the other person is in a position of trust power or authority.

Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.

Consent means to provide approval for something to happen or an arrangement to do something.

Consent- this is where individual volunteers to give consent to the police officers to enter the premises. An example of this type of exception can Officer Roberto knocks on the door for an aggravated battery assault charge. This suspects girlfriend opens the door the officer asks if he may come in to see if the suspect is around she agrees to let him in.

Consent is the informed agreement to an action and/or decision. Permission for something to happen or agreement to do something.

Some circumstances that constitute rape may be, the victim could be abused physically or mentally. Physically meaning by bruising, lacerations and trauma to the private areas. Mentally by not being able to remember much of what happened due to the experience being so traumatizing. The mental abuse could last for a life time which would possibly cause trust issues in future relationships. The victim may show signs of depression, guilt, anger etc.

b. sexual abuse- Direct or indirect sexual activity to a person who hasn’t given consent.

The proper tort for complete failure of consent is called battery. Battery is intentional unpermitted touching. It boils down to is the healthcare professional needs to discuss with patient and get consent.

Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving

Sexual assault is a term used to define a broad category of sexual experiences ranging from criminal to noncriminal acts, with a common denominator of nonconsensual sexual contact. Across research, sexual assault has been defined using the following terms: forced rape, incapacitated rape, sexual coercion, and unwanted sexual contact (Fedina, Holmes, & Backes, 2016; Krebs et al., 2007). Additionally, attempted sexual assault, or sexual assault that was not completed, is often captured either as a unique type of assault or is grouped within another sexual assault type previously listed. Forced rape is defined as using physical force or the threat of force to complete an unwanted sexual act involving vaginal, anal, or oral penetration. Incapacitated rape is defined as a completed unwanted sexual act involving vaginal, anal, or oral penetration while the victim is unable to consent to the act because of drug use or alcohol intoxication, either when taken voluntarily or coercively.

Sexual harassment and assault are often associated with alcohol use: In a recent survey of college students, 75 percent of male perpetrators and 55 percent of female victims said they were drinking at the time of the attack.

Sexual assault and rape has always been a social and public issue in the United States. A majority of the time, women become the victims, while men become the perpetrators. National surveys in the United States show that one in six women has experienced an attempted or completed rape. Consent appears to be a critical factor in determining whether assault or rape has taken place. Women have a higher chance of being raped by who they are acquainted with rather than strangers.

Consent must be clear and recognizable from other things and given in a comprehensive and effectively open frame, utilizing clear and plain language. It must be as simple to pull back assent as it is to allow it.