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LEARNING OBJECTIVES
- Ascertain the two elements required for the consent defense.
- Identify three situations where consent can operate as a legal defense.
Consent by the victim can also form the basis of a justification defense to criminal conduct. Consent is most commonly used as a defense to sex crimes such as rape, and lack of consent is a criminal element of most sexual offenses that must be proven beyond a reasonable doubt. Thus consent to sexual acts is discussed in . In this section, consent to nonsexual conduct is explored. Consent is a defense that can be statutory or common law, perfect or imperfect, depending on the jurisdiction.
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