Which of the following is a criterion for second-degree forcible rape?

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The criterion for second-degree forcible rape includes the mental incapacitation of the survivor. This means that the individual did not have the ability to consent due to a mental impairment, whether temporary or permanent. This criterion recognizes that an individual may be unable to make informed decisions about their sexual activity due to various factors affecting their mental state, such as intoxication, illness, or cognitive impairment.

Understanding the significance of this criterion adds to the broader discussion surrounding consent and the importance of recognizing different ways in which individuals can be unable to give consent. Consent must always be informed, voluntary, and given freely, and any situation where a person is mentally incapacitated undermines these principles, making any sexual act in that state constitutive of a crime like second-degree forcible rape.

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