Also known as: legally effective consents · valid consent · effective consent
Written by attorneys · grounded in primary & secondary sources — see below
A form of consent that is freely and voluntarily given by a person who possesses legal capacity to consent. Coercion, threats, deception, or incapacity due to mental illness, substantial cognitive impairment, or youth renders consent invalid.
Layla Lane attended a party where she consumed several drinks and repeatedly told Lance Lee she felt dizzy. Lance led Layla into a bedroom and initiated intercourse. Layla later reported the encounter, stating she could not clearly resist or consent. Because Layla lacked capacity due to intoxication, her apparent agreement supplied no legally effective consent, supporting a rape charge under the common law definition.
Lila Lin accepted an invitation from Lucia Lopez to tour a site. Lucia directed Lila into a vehicle whose doors locked, then drove across a state line and confined Lila in a remote cabin for three days under armed guard. Threats prevented Lila from leaving. The initial invitation supplied no ongoing consent once coercion began, so the confinement occurred without legally effective consent and constituted false imprisonment.
Select any source to read its text and confirm it supports the definition.
Liam Larson took an unmarried girl from her father's custody. The girl was in fact under sixteen, though Liam believed on reasonable grounds she was older. Because the girl lacked legal capacity due to youth, any apparent agreement supplied no legally effective consent, and the taking remained unlawful.
Lucy Liu, a minor, sought confidential medical services without parental involvement. State law required parental consent for such services. Because Lucy lacked legal capacity due to youth, any agreement she gave could not constitute legally effective consent, triggering constitutional review of the restriction.
Intoxication prevents legally effective consent when it renders the victim incapable of appraising or controlling conduct. Facts showing repeated statements of dizziness, disorientation, and a high blood-alcohol level support a finding of incapacity. A mere nod or ability to walk does not overcome that incapacity if the victim cannot give free and voluntary agreement.
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Prior consent becomes invalid once coercion or threats begin. Confinement that continues under duress after an initial invitation exceeds any agreed scope. Ongoing threats and physical barriers overcome any earlier acquiescence, rendering the confinement without legally effective consent.
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Youth renders consent invalid when the person lacks legal capacity due to age. A defendant who takes a minor from parental custody must take the consequences of the victim's actual age. Apparent agreement supplies no defense when the victim is under the statutory age threshold.
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Implied permission during shopping is limited to examining merchandise inside the store. Concealing an item and walking past registers without payment exceeds that permission. No actual consent from authorized personnel exists, so the taking remains without legally effective consent.
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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…