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When permission for sexual acts is not present

On Behalf of | Sep 29, 2022 | Sex Offenses |

When two people engage in sexual activity, it’s typically a consensual act. However, there are times when one person might not consent to the acts that occur, resulting in a sexual assault or rape charge. There are a few details that surround the legal meaning of consent that you’ll want to keep in mind if you’ve been charged with a sexual crime in Mississippi.

Defining sexual assault and rape

If a sexual act occurs between two or more people and one of the members does not give permission for that act to take place, then the person committing the act could be charged with sexual assault. When looking at sex offenses, someone could be charged with rape if intercourse occurs without the recipient’s consent compared to assault typically being acts that don’t always involve penetration.

Consent

When you agree to partake in any kind of sexual activity, you are giving your consent. This means that you know how and when the act takes place. There are times when you might not be able to give your legal consent to a sexual act, such as when you’re threatened, mentally incapacitated due to drugs or alcohol or mentally unable to consent because of age or documented disability.

If you’re under a certain age, typically 16, then you might not be able to legally give your consent for a sexual act to occur. If you do not give your clear consent to the other person, then this could result in a sexual assault or rape charge. First-degree rape typically involves kidnapping while second-degree rape usually involves a victim who is unable to physically give consent.

While many sexual acts take place between two people who understand what the other person wants, there are situations when one person might not be willing to perform those acts or may change their mind at some point.