How is Consent Defined in Missouri? Consent in this context is defined as a clear, knowing, and voluntary agreement to engage in sexual activity. Both parties must have the capacity to give consent, meaning that they must be of legal age, mentally competent, and not under the influence of drugs or alcohol to the extent that they can’t make rational decisions.
Consent is often a factor in sex crime cases throughout Missouri. For example, lack of consent must be proved by the prosecution in charges of rape, kidnapping, and crimes involving restraint.
If you’ve been charged with a crime involving consent, or any other sex crime in Missouri, call the expert criminal defense lawyers at Combs Waterkotte right away at (314) 900-HELP or contact us online for a free, confidential consultation where you can discuss the specifics of your case. We have more than three decades of experience in criminal law and have successfully defended over 10,000 cases like yours.
How is Consent Defined in Missouri?
Engaging in sexual activity with someone without consent can lead to serious legal repercussions, including charges of sexual assault or rape. These charges can carry severe consequences, including lengthy imprisonment, hefty fines, and mandatory registration as a sex offender.
Here’s a detailed look at how consent is defined in Missouri:
Affirmative Agreement
Consent must be clear and affirmative agreement to engage in sexual activity. This means silence, passivity, or a lack of resistance cannot be interpreted as consent. Both verbal and nonverbal communication can indicate consent, but it must be explicit, enthusiastic, and mutual.
Capacity to Consent
In Missouri, consent is only valid if the individual is capable of making an informed decision. This means that they must not be unconscious or incapacitated. Signs include:
- Inability to communicate coherently
- Inability to walk without assistance
- Lack of awareness of circumstances or surroundings
- Inability to dress/undress without assistance
- Unresponsiveness
- Vomiting
Consent Can Be Withdrawn
Even if consent is initially given, it can be withdrawn at any point during sexual activity. Once consent is withdrawn, the activity must stop immediately. Continuing after consent is revoked may be considered grounds for sexual assault charges.
No Consent Through Coercion or Force
Consent can’t be obtained through threats, coercion, intimidation, or force. If one party feels pressured or is physically threatened or forced into sexual activity, it’s not considered consensual. Missouri law takes coercion and threats very seriously, and using any form of manipulation to gain consent could lead to charges of sexual assault.
Power Dynamics and Consent
In cases where there is a significant power dynamic, such as between an employer and employee, teacher and student, or caregiver and patient, consent may be scrutinized more closely. These dynamics can create situations where true consent is either not possible or is compromised.
Consent in Missouri must be voluntary, mutual, and given by an individual who is fully capable of making that decision. Without these elements, any sexual activity may be considered illegal.
A Few Things to Remember About Consent:
- Consent must be specific to the particular action or activity.
- Consent is voluntary and must be given freely.
- Consent is informed. All parties involved understand what they are consenting to.
- Consent should be ongoing throughout the interaction, and can be withdrawn at any time.
- Consent is required regardless of past relationships or previous consent given.
- Consent cannot be given if someone is under duress or coercion.
- Consent cannot be given if someone is under the influence of drugs or alcohol.
- Silence or lack of resistance does not imply consent.
Reach Out to Combs Waterkotte Today to Learn How Consent is Defined in Missouri
If you have been questioned about or charged with a sex crime for not obtaining clear consent, or just have questions regarding how consent is defined, you should speak with a skilled criminal defense attorney at Combs Waterkotte. Law enforcement or the prosecution is not looking out for your best interests. We’re here to help. You need the best possible legal representation in these times. We’ll do whatever we can to protect you and your rights so that you can get the best possible outcome.
Call our expert sex crimes legal team as soon as possible at (314) 900-HELP or reach out online for a free case review.
