Also known as: effectively consent · effective consents · valid consent
Written by attorneys · grounded in primary & secondary sources — see below
Consent that is freely and voluntarily given by a person who possesses legal capacity to agree. Coercion, threats, deception, or incapacity due to youth, intoxication, or mental impairment renders consent ineffective.
Ethan Evans invited Ezra Eastman to a party and supplied him with multiple drinks. Ezra became visibly unsteady and repeatedly said he felt dizzy. Ethan then led Ezra to a bedroom and initiated intercourse. Ezra later reported the encounter, stating he could not clearly resist or consent. The facts establish that Ezra lacked capacity to give effective consent, satisfying the common-law element of rape.
Eric Espinoza accepted an invitation from Evelyn Ellison to tour a site. Once inside her vehicle the doors locked and Evelyn drove Eric across a state line to a remote cabin. Armed guards prevented Eric from leaving for three days while Evelyn demanded he sign an agreement. Eric's initial agreement to the tour did not constitute valid consent once threats and physical barriers were imposed, establishing unlawful confinement.
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Edith Eberhardt, a sixteen-year-old, visited a clinic seeking birth-control information without her parents. State law required parental consent for minors. The clinic provided services directly to Edith. The question is whether Edith could supply effective consent for the medical decision despite her age.
Edgar Evers took an unmarried girl from her father's custody. The girl was in fact under sixteen. Edgar claimed he reasonably believed she was older. The court examined whether his good-faith belief defeated the charge even though the girl could not legally consent.
Consent is ineffective when obtained by force, threats of great bodily harm, or when the victim lacks capacity due to unconsciousness, intoxication, or youth. Limited categories of fraud also render consent ineffective.
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Yes. Consent must be freely and voluntarily given by a person with legal capacity. Coercion, threats, or incapacity renders any purported consent invalid and the confinement unlawful.
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A minor's capacity to consent is limited. Statutes may require parental involvement, yet the minor may still possess sufficient maturity for certain decisions under constitutional privacy analysis.
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No. A defendant who takes a girl under the statutory age acts at his peril. A good-faith belief that she was older does not negate liability.
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…in part). [^maj-16]: Planned Parenthood , however, "does not suggest that every minor, regardless of age or maturity, may give effective consent for termination of her pregnancy. See Bellotti v. Baird , 428 U. S. 132 (1976). The fault of [the particular statute considered in Planned Parenthood ] is that it imposes a…