Describe the four elements of the defense of consent and give an example of each

Question

What will be an ideal response?

Answer 1

• The person giving consent must be capable of giving it. Insane people, infants, or unconscious people cannot validly consent. An otherwise competent adult may consent to sexual relations or the taking of their property.
• The offense must be the type for which consent may be given. Disturbing the peace, affrays and disorderly conduct are not subject to consent. Generally, one may not consent to be murdered.
• The consent may not be obtained by fraud. Fraud in the execution applies to consent (for example, a doctor having sex with an unconscious patient who was told an operation was necessary). Fraud in the inducement is not applicable to consent (for example, a patient consenting to sex with a doctor who has convinced the patient that is will cure an illness). In the latter case, the consent is valid, as the law does not protect people from making voluntary choices where the nature of the act being consented to is disclosed.
• The person giving the consent must have the authority to give it. A bank teller cannot authorize one to rob a bank nor can a librarian consent to theft of the public's books. One person cannot consent to the theft of another's person's property.