consent

The Trial Court sentenced the accused (AA) to two years in prison for aggravated domestic violence.  The court considered the aggravating circumstances to be the accused’s recidivism and the use of his strength to overpower his female victim.  AA had a history of domestic violence against his wife (BB).  Even though he had repeatedly assaulted BB and stabbed her once, BB refused to file a complaint against him.  A family court judge imposed a restraining order against AA pursuant to which he could not get closer than 300 meters to BB and her children.

Appellant Ah-Chong was convicted of assault with intent to commit sexual violation by rape.  As a defense, Ah-Chong claimed that the victim consented to the sexual activity.  The trial judge gave the jury instructions that they had to be satisfied beyond a reasonable doubt that the defendant had no reasonable grounds to believe that consent existed.  The appellant argued that the jury instructions were wrong, claiming that there were two separate mens rea elements: one for the assault and one for intention to rape.

The Alabama Vulnerable Child Compassion and Protection Act establishes state controls over gender-identity-related medical and educational interventions for minors. Section 2 sets the legislative findings, declaring that a child’s biological sex is immutable and that medical treatments intended to affirm a different gender present experimental risks. 

Under Alaska Statutes §§ 13.52.050–.060, the state restricts certain health care decisions by agents or surrogates and imposes obligations on providers and institutions. Section 13.52.050 prohibits an agent or surrogate from consenting to procedures classified as exceptional, such as abortion, sterilization, or psychosurgery, except when the patient’s own express instruction permits.

In Anonymous v. Anonymous, 469 So. 2d 588 (Ala. 1985), the Supreme Court of Alabama addressed whether parents could obtain court authorization to sterilize their minor daughter, who was fourteen years old and had significant intellectual disabilities. The parents argued that sterilization was necessary to prevent pregnancy, which they believed would endanger her health and well-being.

Case No. AP 2514/11 on the appeal of Čedo Markelić, Constitutional Court of Bosnia and Herzegovina (2015)

The victim, a minor of the age of 15, was trafficked by men including defendants I.I. and Sh. G, from Albania to Kosovo, where she was imprisoned and forced to work as dancer at multiple restaurants.  She eventually escaped and met two men who helped her find accommodations and work as a waitress.  One of the men, S.B., had sexual intercourse with her, as did D.B., the manager who hired her as a waitress.  I.I., Sh.

Section 13 Para 3 of the Introductory Act to the German Civil Code ( Einführungsgesetz zum bürgerlichen Gesetzbuch - EGBGB) - entered into force on July 22, 2017

In Association pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali, the African Court examined whether Mali’s 2011 Persons and Family Code was compatible with the state’s binding obligations under African and international human rights law relating to the protection of women and children.

Attorney-General v Tion is an appeal by the Attorney-General against an acquittal on charges of rape and criminal trespass. In this case, the respondent, while intoxicated, engaged in sexual intercourse with the complainant, who initially believed he was her husband. After intercourse, the complainant realized the respondent was not her husband, and the respondent claimed he too had been mistaken until that moment.