Also known as: against one's will · without consent · involuntarily
Written by attorneys · grounded in primary & secondary sources — see below
A phrase indicating that conduct occurred contrary to a person's wishes. It signals the absence of consent by the affected individual.
Albert Allen, a naturalized citizen, voted in a foreign election after being threatened with deportation if he refused. Prosecutors later sought to revoke his citizenship based on that vote. The court rejected the effort because the vote occurred against his will and without genuine consent.
Arthur Abrams was arrested and questioned for hours without being informed of his rights. He eventually made statements against his will after repeated pressure from officers. The statements were later suppressed because they were obtained without valid consent.
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Aisha Ahmed, in a persistent vegetative state, had previously expressed wishes against life-sustaining measures. Her family sought to discontinue treatment over hospital objections. The court upheld the decision because continued treatment would proceed against her will and without consent.
Ava Adebayo and her partner were prosecuted under a state sodomy statute for private consensual acts. They argued the law criminalized conduct that occurred against no one's will. The court upheld the convictions even though the acts took place against no participant's will.
Andrew Avery, a minor, was interrogated without a parent or attorney present and confessed to an offense. He later claimed the confession was made against his will due to coercive tactics. The court considered whether the juvenile's statements lacked valid consent under due process standards.
Anika Anand gave a statement to federal agents after prolonged questioning. She later moved to suppress it, asserting the statement was obtained against her will. The court evaluated whether the confession satisfied constitutional consent requirements despite the statutory framework.
The phrase signals that the defendant's conduct occurred without the victim's consent. It is commonly used in charging documents for offenses such as rape to establish that the act was contrary to the victim's wishes.
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The two phrases are closely related but sometimes treated as distinct elements. Statutes may require proof of both force or threat of force and that the act occurred against the will and without consent of the victim.
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In criminal sexual assault prosecutions, evidence of other sexual assaults by the defendant may be admitted for any relevant purpose, including to show a pattern of non-consensual contact. The rule permits such evidence when it bears on intent, plan, or absence of mistake regarding the charged conduct.
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…as legally sufficient to engender in the mind of the accused hope or fear in respect to the crime charged, the accused was not involuntarily impelled to make a statement, when but for the improper influences he would have remained silent. . . ." 168 U. S., at 549. And see, id., at 542 . The Court has adhered to this reasoning.…