Consent can be a valid defense to a crime only if the victim chooses to render it. Thus it must b e proffered knowingly and voluntarily, or it is ineffective. Under the Model Penal Code, consent is ineffective if “it is given by a person who is legally incompetent to authorize the conduct…it is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable to make a reasonable judgment…it is induced by force, duress or deception” (Model Penal Code § 2.11(3)). In general, consent is notknowing if it is given by an individual who is too young, mentally incompetent, 1 or intoxicated. In general, consent is not voluntary if it is induced by force, threat of force, or trickery. 2
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