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Criminal Defense Consent

Consent is frequently a defense in a Criminal Defense case. That is particularly true in sex crime cases, where most sex crimes are only criminal if they occur without the victim's consent. senf defense Since consent can be such a big factor in criminal cases, it is frequently import ant for criminal defendants to have a great level of familiarity with when consent can be used as a defense in a criminal case. The general rule with consent is that a victim's consent is a defense if such consent negatives an element of the criminal offense that the defendant is charged with. Consent can exist with more than just sex crime offenses. It can also operate as a defense in cases where a victim is injured. Specifically, consent to assault charges where a victim suffers bodily injury exists when the conduct and the injury are reasonably foreseeable hazards of participating is an athletic contest (such as boxing, martial arts etc.)

In Criminal Defense cases there are also situations where the consent offered is not relevant to the defense. Specifically, Ineffective consent exists in several different situations under the crimes code. warrantless search of a car Consent is invalid if it is given by a person who is not able to legally consent. Examples of this are boys or girls under the age of 16 in sex cases, or people that are so inebriated or mentally dysfunctional that they cannot consent. Consent in cases where a person is intoxicated can be precarious. It is only fair that consent is not valid if it is blatantly obvious to the defendant that the victim or person alleged to have consented is under the influence too such a degree where he cannot consent. Or in cases dealing with mental incapacity, it is known by the defendant that the victim is unable to make a reasonable judgment to properly consent. The elements describing consent can be found in section 311 and Title 18 of the Pennsylvania Crimes Code.

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