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When a person is charged with a crime of a sexual nature, particularly rape, date rape, or statutory rape, “consent” becomes one of the most important words in the world. What does it really mean, though? Consent is defined as “voluntary acquiescence to the proposal of another.” This means that for consent to be present between two individuals, they must both agree on and be willing to engage in the actions that follow (while remaining free of coercion).

When sexual relations take place between two people but a state of consent is not established beforehand, a sex crime has taken place. Put simply, this is the definition of rape. Sometimes a person may find that they are being charged with rape even though they believe the victim was willing to participate in the activity. There can be an absence of consent even if there is not active resistance to an action. Because sex crimes are such a serious issue, it is generally in the best interest of all parties for expressed consent to be established.

Expressed consent refers to clear, definite, unmistaken, and usually verbal consent. In other words, it is an overt action that makes it clear there is absolutely no disagreement about the events that are about to take place. Informed consent is related to expressed consent, but includes the requirement that the consenting party is fully aware and educated of the nature, advantages, disadvantages, and potential risks of the course of action to which they are agreeing.

Implied consent, on the other hand, is consent that is not expressed in a specific and definite way, but is perceived to be implied by the consenter’s conduct. Many rape defendants make the argument that consent was implied, but this is a very sensitive area in sex crimes cases and is no substitute for true expressed consent.

Some individuals are legally unable to consent to sexual relations. This most commonly applies to statutory rape cases where the age of consent has been violated. If an individual participates in sexual relations with someone who is below the age of consent, they are guilty of statutory rape because legal consent could not have possibly been present. This is true even if the victim attempted to give expressed consent. Age of consent varies in different states and countries.

Source:ezinearticles.com