In a criminal investigation, a state may use these factors to determine if a person who engaged in sexual activity had the capacity to consent. Capacity to consent: Did the individual have the capacity, or legal ability, to consent?Ī person’s capacity, or ability, to legally consent to sexual activity can be based on a number of factors, which often vary from state to state.Freely given consent: Was the consent offered of the person’s own free will, without being induced by fraud, coercion, violence, or threat of violence?.Affirmative consent: Did the person express overt actions or words indicating agreement for sexual acts?.In general, there are three main ways that states analyze consent in relation to sexual acts: Each state sets its own definition, either in law or through court cases. There is no single legal definition of consent. No matter what term you use, consent often plays an important role in determining whether an act is legally considered a crime. See how each state legally defines these crimes by visiting RAINN’s State Law Database. The legal definitions for terms like rape, sexual assault, and sexual abuse vary from state to state.
