Discuss the various issues surrounding consent. What is meant by lack of capacity, exceeding the scope of consent, and causing duress? Give examples of each
What will be an ideal response?
If the victim gives consent, the defendant will not be liable for any injuries. The defense of consent is frequently used in sexual assault cases. The perpetrator will claim that the victim consented to the sexual acts. Lack of capacity to consent occurs when for a variety of reasons the victim, as a matter of law, is unable to give consent. Young children are incapable of consenting to sexual acts. For example, a defendant would never raise the issue of consent if the victim of his sexual advances was five years old. Exceeding the scope of consent: If the victim gives actual consent to certain acts, the offender will not be able to raise the defense of consent if he goes substantially beyond the scope of that consent. Causing duress: This refers to situations where the individual is forced to choose to consent or face a situation that would place her or him in duress. For example, give consent or walk home.
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