What -the hell- is explicit consent?

Factual Questions
1

The DoJ defines sexual assault as sexual contact or behavior in the absence of explicit consent by the recipient.

I cannot find a definition of explicit consent anywhere, not from the DoJ, not at any reputable legal dictionary website or even legal blog.

Any help here? I am looking for a factual answer not a discussion of the philosophy of consent.

Specifically I’m looking for a definition of the concept in the US at the federal level, though definitions in individual states could be relevant (particularly California…)

2

Can you post a link to the DoJ site where it talks about explicit consent? That might help.

3
4

That’s an informational site. It’s not a legal reference. I don’t believe that term appears in the US Code. So the meaning of the phrase is the colloquial meaning as you read it. The actual US Code is below.

ETA: it’s pretty rare that these crimes will fall under federal jurisdiction so the wording of state statutes are usually more important.

5

The legal definition in the code is vastly different from the information given at the DoJ site.

Why would they do that? What is supposed to be the use of the definition give at the DoJ site?

6

I think the regular ol’ dictionary definition would suffice, no?

“adjective
1.
fully and clearly expressed or demonstrated; leaving nothing merely implied; unequivocal:
explicit instructions; an explicit act of violence; explicit language.”

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7

Thanks Loach. This needed some clarification.

8

Dictionary definition of what? Just the word ‘explicit’?

9

Because it’s from the Office of Violence Against Women. Although it’s part of the Department of Justice it is not attached to an enforcement division. It’s role is advisory, training, grants etc. It has no need to give definitions in official legal jargon.

Sexual assault is not a crime the FBI or other federal agencies usually prosecute or investigate. The crimes are in the US Code because of the possibility of a crime happening on federal land under federal jurisdiction.

10

Looks like the office dates back to the Clinton era.

Upon reflection, I guess its appropriate that Justice deals with all kinds of justice including the social kind.

11

The exact meaning would be one for the lawyers to argue about. In this country, it is one step up from ‘implied’ consent. A woman who allows a man to share her bed may be seen as giving ‘implied’ consent to sex, but the mere fact of sharing a duvet does not mean ‘implicit’ consent.