In early Hebrew law, which factor was critical in determining whether a sexual assault had taken place?

The critical factor in determining whether a sexual assault took place in early Hebrew law was the victim's consent. Consent was essential in differentiating between acceptable and unacceptable sexual relations. In this context, the notion of consent encompassed the victim's willingness or agreement to engage in sexual activity; without consent, the act was perceived as assault.

Location, while potentially significant in some legal frameworks, did not hold the primary importance that consent did. Witnesses might have played a role in corroborating an account of events, but the fundamental issue centered around the consent given by the victim. The type of force used could indicate severity or premeditation of an act, but ultimately, establishing whether consent was given remains the core aspect in assessing sexual assault claims in early Hebrew law. Thus, the understanding of consent as the fundamental aspect highlights its critical role in these historical legal frameworks.