The objective test requires what kind of conduct to demonstrate that the victim's nonconsensual reactions were capable of being reasonably, but mistakenly, interpreted by the assailant as indicating consent?

Question

Quizplus · Accepted Answer

The objective test in the context of consent, particularly in sexual assault cases, focuses on whether the assailant's belief in consent was reasonable under the circumstances. Equivocal conduct refers to actions or behaviors that are open to more than one interpretation, which can be mistakenly interpreted as consent. This contrasts with unequivocal behavior (clear and unambiguous signals of consent), physical proof (tangible evidence of consent), and proof beyond a reasonable doubt (a higher standard of proof required for criminal conviction), neither of which directly addresses the issue of reasonable but mistaken interpretation of consent signals.

The Objective Test Requires What Kind of Conduct to Demonstrate