(25) Factual consent constitutes legal consent
when it is given under circumstances that would provide a "complete or partial criminal defense" to another individual (hereinafter "A" for actor) having done some act to S.
The Wilson case nicely motivates one of the principal themes that runs through Professor Westen's sophisticated analysis of consent--the claim that juries and judges often confuse a finding of a complainant's "factual consent" (which, at its core, constitutes a state of subjective acquiescence to what would be a rights violation in the absence of such acquiescence, and which is generally a necessary, though not sufficient, means of according another a justification for action) with her "legal consent
" (which varies in its requirements from one jurisdiction to the next, but which requires sufficient knowledge, rational capacity, and freedom as to make the defendant's behavior toward the complainant justified, and hence, not a rights violation).
This was intended to ensure that their fathers, as Christian men in monogamous marriages, could assume the legal responsibilities for these offspring.(48) In order to recogniz these so-called illegitimate children, a husband was required to obtain his wife's legal consent
; but if she refused, her decision could be overturned by the court.
Former AG, Prof Githu Muigai, has already written a statement relating to a legal consent
that he gave for the purchase to proceed, as has Interior CS Fred Matiangiacute, who was at the time the Education boss.I have already given a witness statement.
This is because the underage participant cannot give legal consent
The forms also document a patient's legal consent
if they wish to switch to a generic medication from a more expensive name-brand drug.
Your entry in the Register provides legal consent
for the donation of your organs.
Thirteen, however, is below the age of legal consent
Prosecutor Rosalind Scott Bell said Venter knew that the girl was only 14 and under the age of legal consent
. Venter told the girl he loved her and wanted to marry her.
Foucault makes clear that whatever affective relations exist between a child, who is given no age, and an adult, who remains unsituated in the narrative, cannot be explained adequately through the language of legal consent
. To impose the legal language of consent on the situation is, in his words, "an absurdity": "if one listens to what a child says and if he says "I didn't mind', that doesn't have the legal value of a consent'." (17)
But it does not protect against disease if HPV infection is already established in the individual, which is why we are targeting girls before the age of legal consent
to ensure they have maximum protection when they become sexually active.
The prosecution says she knew the boys were not yet 16 and under the age of legal consent