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In order for there to be the crime of rape as defined in Article 375 of the Penal Code, a number of constitutive components<\/strong> fulfilled:<\/p>\n \"Rape is any act of sexual penetration of any kind and by any means, committed on a person who does not consent to it.\"<\/em><\/p>\n Consent or non-consent to a sexual act is thus an essential element in assessing the criminal nature of the acts.<\/p>\n 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.<\/p>\n Scientific studies<\/strong><\/p>\n However, several scientific studies show that individuals often do not physically resist when abused.<\/p>\n Indeed, there are two frequently occurring patterns of behavior<\/strong> of a sex victim:<\/p>\n - violent physical resistance ; 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.<\/p>\n \"Failure to physically resist thus does not always mean that a consensual sexual act has occurred.\"<\/em><\/p>\n All circumstances should be considered to assess the presence of consent.<\/p>\n Vice cases are often characterized by word-for-word issues and a lack of objective evidence.<\/p>\n Thus, the presence or absence of consent will often have to appear from the statements made by the parties involved.<\/p>\n Therefore, it is extremely crucial that you have the assistance of a specialized attorney while making your statement in a vice case.<\/p>\n
\n- the \"frozen fright\".<\/p>\n