West Virginia Code 61-8B-2 – Lack of consent
(a) Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without the consent of the victim.
Terms Used In West Virginia Code 61-8B-2
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) Lack of consent results from:
(1) Forcible compulsion;
(2) Incapacity to consent; or
(3) If the offense charged is sexual abuse, any circumstances in addition to the forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
(c) A person is deemed incapable of consent when such person is:
(1) Less than sixteen years old;
(2) Mentally defective;
(3) Mentally incapacitated;
(4) Physically helpless; or
(5) Subject to incarceration, confinement or supervision by a state, county, or local government entity, when the actor is a person prohibited from having sexual intercourse or causing sexual intrusion or sexual contact pursuant to § 61-8B-10 of this code.