Understanding the Concept of Capacity to Consent in Missouri Sexual Assault
Sexual AssaultThe concept of consent, or the ability to consent, is crucial to many Missouri sexual assault cases. In the past, defendants sometimes argued that the lack of a victim’s definitive statement telling them “no” or asking them to stop meant that prosecutors couldn’t prove they committed sexual assault.
However, changes in sexual assault statutes in Missouri and other states have largely made this defense obsolete. The laws now make it a crime to have sex with someone who is incapacitated or otherwise cannot consent, even if a victim does not explicitly speak up. Understanding this concept is essential for fighting charges of sexual assault or other similar crimes.
What Does “Capacity to Consent” Mean in Sexual Assault Cases?
Let’s examine an example statute to demonstrate what “capacity to consent” means. For example, Missouri’s definition of first-degree rape makes it a crime to have sex with someone who is “incapacitated, incapable of consent, or lacks the capacity to consent.”
In plain terms, “capacity to consent” refers to someone’s ability to understand what’s happening and make a clear, voluntary decision to engage in sexual activity. If someone is unconscious, heavily intoxicated, mentally impaired, or underage, they may not have the legal or mental ability to give valid consent. Even if they don’t resist or say “no,” that doesn’t mean they agree to sexual acts.
Situations Where Someone Lacks the Capacity to Consent
Showing that someone consented to sexual activity or could consent is often challenging. (This is why it’s better to err on the side of caution and get clear, verbal consent from someone who’s not intoxicated or otherwise impaired.) Some situations where someone cannot consent to sexual acts include:
- Unconscious or asleep – People can’t consent if they’re not awake or aware of what’s happening.
- Under the influence of drugs or alcohol – Intoxication can impair people’s judgment or awareness to the point where they can’t give consent, even if they nominally agree to sexual activity.
- Mentally incapacitated – People with certain mental health conditions or cognitive disabilities may not fully understand the situation or consequences of their actions, which means they can’t consent to sex acts.
- Physically unable to communicate – If someone can’t speak, move, or signal consent due to illness or injury, they lack the capacity to consent.
- Underage – Missouri law automatically considers minors under age 17 unable to legally consent to sexual activity, regardless of their words or actions.
Accused of Sexual Assault in Missouri? Attorney Richard H. Sindel Can Help
If you’re accused of sexual assault involving someone who allegedly lacked the capacity to consent, Attorney Richard H. Sindel can help you fight back. Text messages with the alleged victim, video footage showing you together, and other evidence can all help show that no non-consensual sex acts occurred. Similarly, our team can challenge and fight to discard any evidence obtained through unlawful searches or tainted tests.
With decades of experience handling serious criminal cases, Attorney Sindel understands how to break down the state’s arguments and protect your rights. He has even appeared before the U.S. Supreme Court twice—and won both times. When your future is on the line, you need that level of experience on your side. Call our office today or complete our contact form for a free consultation.