Legal Definition and Related Resources of Against the will

Technical words which must be used in framing an indictment for robbery from the person. 1 Chit. Cr. Law, 244. In the statute of 13 Edw. I. (Westminster II.) c. 34, the oflfense of rape is described to be ravishing a woman “where she did not consent,” and not ravishing against her will. Per Tindal, C. J., and Parke, B., in the addenda to 1 Den. C. C. 1. And in a later case this statute definition was adopted by all the judges. Bell, C. C. 63, 71.

What does Against the will mean in American Law?

The definition of Against the will in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

Certain acts are criminal only if done without the consent of the other person involved. An appropriation of property, e.g., is not robbery or theft if its owner or possessor freely wishes the transfer to take place, nor is sexual intercourse rape if both parties desire it. Hence most criminal indictments will allege in some words that the act was “against the will” of the victim. It is clear that in this context “against the will” means almost the same as without consent, i.e., without some explicit or implicit affirmative desire, i.e., an act (e.g., sexual intercourse) may be “against the will” of the victim even if, because of insanity, the administration of drugs, etc.,

the victim has no will at all. And, of course, the assenting will of the other party cannot be procured by unlawful threat; a person who, greeted with “your money or your life,” chooses to give up the money has not “consented” to the transfer and it is clearly “against the will.”

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This definition of Against The Will Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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Against the Will