In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done.
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👉 Consent (criminal law) in the context of Consensual crime
A consensual crime is a public-order crime that involves more than one participant, all of whom give their consent as willing participants in an activity that is unlawful. Legislative bodies and interest groups sometimes rationalize the criminalization of consensual activity because they feel it offends cultural norms, or because one of the parties to the activity is considered a "victim" despite their informed consent.
Consensual crimes can be described as crimes in which the victim is the state, the judicial system, or society at large and so affect the general (sometimes ideological or cultural) interests of the system, such as common sexual morality. Victimless crimes, while similar, typically involve acts that do not involve multiple persons. Drug use is typically considered a victimless crime whereas the sale of drugs between two or more persons would be a consensual crime. The fact that no persons come forward to claim injury has essentially made the two terms interchangeable in common use.
In this Dossier
Consent (criminal law) in the context of Sexual ethics
Sexual ethics (also known as sex ethics or sexual morality) is a branch of philosophy that considers the ethics or morality of human sexual behavior. Sexual ethics seeks to understand, evaluate, and critique interpersonal relationships and sexual activities from social, cultural, and philosophical perspectives. Some people consider aspects of human sexuality such as gender identification and sexual orientation, as well as consent, sexual relations and procreation, as giving rise to issues of sexual ethics.
Historically, the prevailing notions of what is regarded as sexually ethical have been linked to religious teachings and philosophy. More recently, the sexual revolution challenged traditional ethical codes, and the feminist movement has emphasized personal choice and consent in sexual activities, especially for women.
Consent (criminal law) in the context of Minor (law)
In law, a minor is someone under a certain age, usually the age of majority, which demarcates an underage individual from legal adulthood. The age of majority depends upon jurisdiction and application, but it is commonly 18. Minor may also be used in contexts that are unconnected to the overall age of majority. For example, the smoking and drinking age in the United States is 21, and younger people below this age are sometimes called minors in the context of tobacco and alcohol law, even if they are at least 18. The terms underage or minor often refer to those under the age of majority, but may also refer to a person under other legal age limits, such as the age of consent, marriageable age, driving age, voting age, working age, etc. Such age limits are often different from the age of majority.
The concept of minor is not sharply defined in most jurisdictions. The age of criminal responsibility, of ability to legally consent to sexual activity, at which school attendance is no longer compulsory and thus a person may leave school, at which legally-binding contracts may be entered into, and so on and so forth, may be different from one another.