Does consent exist when a victim does not resist during sexual acts?

Does consent exist when a victim does not resist during sexual acts?

In order for there to be the crime of rape as defined in Article 375 of the Penal Code, a number of constitutive components fulfilled:

"Rape is any act of sexual penetration of any kind and by any means, committed on a person who does not consent to it."

Consent or non-consent to a sexual act is thus an essential element in assessing the criminal nature of the acts.

Certain legal doctrine cites that this consent will almost always be spontaneous and tacit and is evidenced by the absence of opposition by the individual.

Scientific studies

However, several scientific studies show that individuals often do not physically resist when abused.

Indeed, there are two frequently occurring patterns of behavior of a sex victim:

- violent physical resistance ;
- the "frozen fright".

This "frozen fright" involves a person falling into a psychologically numb state because of several psychological factors and, as a result, becoming incapable of physical resistance.

"Failure to physically resist thus does not always mean that a consensual sexual act has occurred."

All circumstances should be considered to assess the presence of consent.

Vice cases are often characterized by word-for-word issues and a lack of objective evidence.

Thus, the presence or absence of consent will often have to appear from the statements made by the parties involved.

Therefore, it is extremely crucial that you have the assistance of a specialized attorney while making your statement in a vice case.

Would you like more information about this or to be assisted by a specialized lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00.

July 27, 2020