The Independent Commission for Human Rights Laws distinguish between physical coercion and mental coercion. For example, rape is considered to be a sexual act of coercion between an offender and a victim. While physical coercion is physical force the offender deliberately uses against the victim to strip her of her physical will56, mental coercion is “the factor that paralyzes the movement of the will and its inability to examine through fear an imminent danger or harm that cannot be reversed or escaped from but by perpetrating the crime57”. Rashid adds: “will is existent in such cases on the physical level where the offender can refrain from committing what the law prohibits or do what he is ordered to do by the law, and so refrain from committing the crime though it is certain that he will incur tremendous damage to himself or to the other. In such a situation, he will have no other choice in the end except for that choice which is to escape the imminent danger by committing the crime58”. With regard to the conditions which are taken into consideration for constituting the element of mental coercion, Sarur says in his book Al-Waseet in the Penal Code that the term of “self” means “a set of rights which are connected with the self, and they include the right to life, the right to security of person and the right to freedom, honor and consideration59.” With regard to the study of the forms and manifestations of will, researchers distinguish between it and silence and submission, believing that the expression of the will requires a demonstrative sign indicating it expressly and implicitly; silence does not imply consent if it is compared to some conditions where it is taken as a sign of consent or if the offer is beneficial to the person offering, but refusal is probable. However, assuming consent from silence depends on the judge who analyses the facts and conditions of each case separately60. Jurisprudence distinguishes between consent and submission where it is possible to say that consent includes submission, but submission does not necessarily imply consent. Crimes of misconduct committed against juveniles, persons under the trust of others or persons, who cannot resist due to physical or mental disability or due to the severity of coercion used against them, can be considered examples of such cases. The law ensures their protection so the submission of a servant to the sexual desire of her employer does not imply her consent61. Al-Saed, in his book “Explanation of Penal Code – Crimes of Misconduct and Family, comparative analytical study”, focused on judicial precedents in the UK that distinguish between consent, obedience and submission. He stated that “the English judiciary distinguishes between obedience, submission or surrender and permission of a woman to her relative to commit with her the crime of incest. They have one meaning, but the term which implies that she is accomplice to the crime is permission”. He also depended in his 56 57 58 59 60 61 38 Rashid1957, Criminal law brief, (Arab Book House;), edition 1. p. 440. Sarur 1979, Al-Waseet in Penal Code, (Cairo; United Company Publishers), p. 338. Rashid, 1957. Criminal law brief, (Arab Book House;), 443. Sarur 1979, Al-Waseet in Penal Code, (Cairo; United Company Publishers) Al-Saed, Crimes against ethics, p. 265, Al-Saed, Crimes against ethics, p. 265.