CONSENT
Voluntary ACQUIESCENCE to the proposal of
another; the act or result of reaching an accord; a
concurrence of minds; actual willingness that an
act or an infringement of an interest shall occur.
Consent is an act of reason and deliberation.
A person who possesses and exercises sufficient
mental capacity to make an intelligent decision
demonstrates consent by performing an act rec-
ommended by another. Consent assumes a
physical power to act and a reflective, deter-
mined, and unencumbered exertion of these
powers. It is an act unaffected by FRAUD, duress, or sometimes even mistake when these factors are not the reason for the consent. Consent is implied in every agreement.
Parties who terminate litigation pursuant to a consent judgment agree to the terms of a decision that is entered into the court record subsequent to its approval by the court.
In the context of rape, submission due to apprehension or terror is not real consent. There
must be a choice between resistance and acquiescence. If a woman resists to the point where additional resistance would be futile or until her resistance is forcibly overcome, submission thereafter is not consent.
