| BeschrijvingNonconsensual non-penetrative sex laws by U.S. state map.svg | English: In the United States, some states recognize non-penetrative sex acts (contact such as fondling or touching a person's intimate parts, or exposure of a body or sexual activity) without consent by the victim and without the use of force by the perpetrator as a crime. Other states do not recognize this as a crime; their laws stipulate that the perpetrator must have used some kind of force (physical violence (that results in demonstrable physical injury), threats against the victim or a third party, or some other form of coercion) in order for such nonconsensual non-penetrative sex to amount to a crime. Nonconsensual non-penetrative sex acts criminalized Nonconsensual non-penetrative sex acts not criminalized Not shown: the United States Code, the Uniform Code of Military Justice and American Samoa recognize nonconsensual non-penetrative sex acts as a crime. - Commentary
In some states' laws, consent does play a role, but in a limited manner or in exceptional circumstances, so that in the end the legislation remains coercion-based. - Indiana: The Indiana Code does not define consent (§35-31.5-2). Consent only comes up in situations where the other person is deemed incapable of consenting (§35-42-4-1 to 14); there is no freely given or affirmative consent.[1][2]
- New Jersey: The New Jersey Code of Criminal Justice only gives a general description of consent, and cases in which a person is incapable of (effectively) consenting in § 2C:2-10.[3][4] However,State v. Cuni (1999) determined that a defendant must demonstrate the presence of "affirmative and freely-given permission..." on the part of a putative victim of sexual assault.[4] Under '§ 2C:14-2 Sexual assault', 'sexual assault' or 'aggravated sexual assault' occurs (depending on whether 'severe personal injury is sustained by the victim') whenever '[t]he actor commits the act [of sexual penetration of another person] using coercion or without the victim's affirmative and freely-given permission' (a.(6) and c.(1)).[3] The same applies to (aggravated) criminal sexual contact (§ 2C:14-3).[3]
- Tennessee: The Tennessee Code does not provide a definition for consent,[5] but a lack of consent is sufficient to commit 'rape' (also called 'unlawful sexual penetration') under §39-13-501 or 'sexual battery' (also called 'unlawful sexual contact') under §39-13-505, which in identical wording state: 'The sexual penetration/contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent.'[6][7]
- Vermont: Under 13 Vermont Statutes Annotated (V.S.A.) § 3251, 'sexual acts' can be penetrative or non-penetrative. Act 68, effective since July 1, 2021, redefined sexual consent in 13 V.S.A. § 3251 as "the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time."[8][9][10] Reference to compulsion was removed from the definition of sexual assault 13 V.S.A. § 3252, which henceforth stated: 'No person shall engage in a sexual act with another person: (1) without the consent of the other person;...'[11][12] A person is deemed unable to consent if they are unable to understand the nature of the conduct, physically incapable of resisting, declining participation in, or communicating unwillingness to engage in the conduct (e.g. when they are sleeping or unconscious), or lack the mental ability to communicate a decision about whether to engage in the conduct.[8]
- Washington: The Washington Criminal Code §9A.44.010(7) states: '"Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.'[13] However, freely given consent plays no role in non-penetrative sexual acts; under §9A.44.100, 'indecent liberties' can only be committed 'by forcible compulsion' or against people deemed incapable of consenting.[14]
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| Bron | Eigen werk. - Main source
- Additional sources
- ↑2020 Indiana Code Title 35. Criminal Law and Procedure Article 42. Offenses Against the Person Chapter 4. Sex Crimes.law.justia.com (2020). Retrieved onDecember 19, 2021.
- ↑Consent Laws Indiana.rainn.org. Rape, Abuse & Incest National Network (March 2020). Retrieved onDecember 19, 2021.
- ↑abc2020 New Jersey Revised Statutes Title 2C - The New Jersey Code of Criminal Justice.law.justia.com (2020). Retrieved onDecember 17, 2021.
- ↑abConsent Laws New Jersey.rainn.org. Rape, Abuse & Incest National Network (March 2020). Retrieved onDecember 17, 2021.
- ↑Consent Laws Tennessee.rainn.org. Rape, Abuse & Incest National Network (March 2020). Retrieved onDecember 19, 2021.
- ↑2019 Tennessee Code Title 39 - Criminal Offenses Chapter 13 - Offenses Against Person Part 5 - Sexual Offenses § 39-13-503. Rape..law.justia.com (2019). Retrieved onDecember 19, 2021.
- ↑2019 Tennessee Code Title 39 - Criminal Offenses Chapter 13 - Offenses Against Person Part 5 - Sexual Offenses § 39-13-505. Sexual battery..law.justia.com (2019). Retrieved onDecember 19, 2021.
- ↑abElizabeth Murray (June 24, 2021). "Some new Vermont laws go into effect July 1: Here are four to know about".Burlington Free Press. Retrieved onDecember 16, 2021.
- ↑2021 Vermont Statutes Title 13 - Crimes and Criminal Procedure Chapter 72 - Sexual Assault § 3251. Definitions.law.justia.com (2021). Retrieved onDecember 16, 2021. ""Consent" means the affirmative, unambiguous, and voluntary agreement to engage in a sexual act, which can be revoked at any time."
- ↑2020 Vermont Statutes Title 13 - Crimes and Criminal Procedure Chapter 72 - Sexual Assault § 3251. Definitions.law.justia.com (2020). Retrieved onDecember 16, 2021. "The previous definition was: '"Consent" means words or actions by a person indicating a voluntary agreement to engage in a sexual act.'"
- ↑2021 Vermont Statutes Title 13 - Crimes and Criminal Procedure Chapter 72 - Sexual Assault § 3252. Sexual assault.law.justia.com (2021). Retrieved onDecember 16, 2021. "No person shall engage in a sexual act with another person: (1) without the consent of the other person;..."
- ↑2020 Vermont Statutes Title 13 - Crimes and Criminal Procedure Chapter 72 - Sexual Assault § 3252. Sexual assault.law.justia.com (2020). Retrieved onDecember 16, 2021. "The previous stipulation was: 'No person shall engage in a sexual act with another person and compel the other person to participate in a sexual act: (1) without the consent of the other person;...'"
- ↑2020 Revised Code of Washington Title 9A - Washington Criminal Code Chapter 9A.44 - Sex Offenses. 9A.44.010 Definitions..law.justia.com (2020). Retrieved onDecember 18, 2021.
- ↑2020 Revised Code of Washington Title 9A - Washington Criminal Code Chapter 9A.44 - Sex Offenses. 9A.44.100 Indecent liberties..law.justia.com (2020). Retrieved onDecember 18, 2021.
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