This lesson explores the various ways in which the criminal law considers victim consent. Topics include consent as negating an offense element, consent as justification, effective consent, and limitations on consent as a defense.
On completion of the lesson, the student will be able to:
1. Describe the theories explaining why American criminal law has difficulty considering consent as a defense.
2. Discuss two varieties of consent as a defense distinguished by the Model Penal Code.
3. Identify the basics of the law of (definitional) consent.
4. Analyze the two varieties of consent: one explicit and specific, the other implicit and general.