In rape law, the victim's consent or lack thereof is determined by:

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The totality of the circumstances is used to determine whether a victim gave consent or not in rape law. This includes factors such as the victim's words, actions, relationship with the attacker, and any other relevant information. This approach recognizes that consent is an ongoing process and is not just limited to a single moment of agreement or disagreement. In rape law, the victim's consent or lack thereof is determined by the totality of the circumstances, meaning all relevant factors are considered, such as verbal and non-verbal communication, any use of force or coercion, the victim's age, mental state, and capacity to consent. It is not based solely on the subjective belief of the attacker, the actions of a reasonable person, or the victim's prior sexual experience.

In Rape Law, the Victim's Consent or Lack Thereof Is