DE · jury_instructions
Del. P.J.I. Crim. No. 5.7
Ineffective Consent
INEFFECTIVE CONSENT
Consent of the victim is no a defense under any one of the following
circumstances:
the consent was given by a person who is legally incompetent to authorize
the conduct in question, unless the defendant believes the victim is legally
competent; or
the consent was given by a person who, because of youth, mental illness,
mental defect, or intoxication, is clearly unable, or known by the defendant to be
unable, to make a reasonable judgment as to the nature of the conduct in question;
or
the consent is the result of force, duress or deception.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
c726a308cbad42a3493430c39725d65e44e2148c0d22f0799576d5b148ec86a8
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