What to Consider to Determine Consent

t Your military defense lawyer should consider the following to determine consent:

1. What did the PV (purported victim) SAY to the accused before, during, or after the event?

  • Yes (or no)
  • Please do (or don't)
  • I like (don't like) that
  • Sounds of pleasure (or displeasure)

2. What did the PV do DURING the event?

  • Removed her clothing or assisted the accused in doing so.
  • Removed the accused's clothing or assisted in doing so.
  • Tried to retrieve clothing.
  • Hide under a blanket or somewhere in the room.
  • Tried to leave the room.
  • Yelled or screamed.
  • Scratch, bite, claw, hit, spit, twist, run away, hide, push, etc.
  • Locked herself in a room.
  • Rolled over (to discontinue contact or because of sexual preference?)

3. Did the setting of the event suggest ROMANCE?

  • General concept: Women want or expect romance before intimacy; Men don't need romance.
  • Look for romance by her (she is considering intimacy).
  • Look for romance from him (a signal interested in intimacy which the PV should quash if not interested).
  • Romance factors:
    • Flowers, gifts, candles, time of day, alcohol, sex toys, speech, cuddling, back rubs, location, in bed or other comfortable location, after dinner.

Sexual Assault Charges

If you have been charged with a crime of sexual assault then contact Bilecki & Tipon, LLLC today. Our legal team is available seven days a week, 24 hours a day to help you with your case. Also, see the military age of consent for more info.

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