In addition to showing that consent occurred, a criminal defendant will also have to prove that that the person who gave consent was legally able to do so. This consent can be express or implied, but implied consent will often be much more difficult to establish. Similarly, consent may also negate certain property crimes, such as trespassing. Thus, since the crimes of rape and sexual assault both require that the victim did not consent to the sexual conduct occurring, the defense of consent may be available. The defense of consent also applies to crimes for which lack of consent is an essential element of the crime. ![]() Many states have statutory rape laws that make it illegal to have sexual intercourse with a minor, regardless of consent.
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