What is Consent?
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Consent is agreeing, or giving permission, to do something. In Medicine, a physician and patient discuss an upcoming surgery, so the patient can give informed consent to proceed. The patient knows exactly what the surgery will entail and can make an informed decision to agree to the procedure.
Consent is a clear, voluntary, and ongoing agreement to engage in specific sexual activity. It must be given freely and can be withdrawn at any time.
If you or a loved one are a victim of sexual abuse, contact our Springfield sexual abuse attorneys. We recognize the immense toll that these situations can have on the victims, both emotionally and psychologically. Our team is dedicated to providing support, guidance, and legal representation to help you navigate through this difficult time.
What Is Consent?
What is the Age of Consent in Missouri and Kansas?
The age of consent is when a person is deemed legally able to agree to sexual activity. In Missouri, the age of consent is 17 years old, and in Kansas, it is 16 years old.
Missouri has additional minor consent laws:
What is the Legal Role of Consent?
The legal role of consent is to protect those in vulnerable situations, and to hold those who disregard another person’s decision to consent accountable. This can be outlined in Missouri’s Definition of sexual abuse: MO 566.100.
1. A person commits the offense of sexual abuse in the first degree if he or she subjects another person to sexual contact when that person is
Incapacitated
When someone is incapacitated, they do not have the physical and/or mental ability to make informed, rational judgements. Meaning, they cannot consent to sexual activity. This can include:
- Being under the influence of drugs or alcohol.
- Being asleep or unconscious.
- Having an intellectual or other disability that prevents the person from making an informed judgement.
Incapable of consent, or lacks the capacity to consent
Along with those who are incapacitated, there are certain groups of people that are legally unable to give consent to sexual activity.
- Those who are underage
- Those in relationships with a position of power
Even if the sexual act was consensual, there are certain relationships that can never be. In Missouri, this includes:
- An employee of a school with a student (566.086)
- An employee of a nursing facility with a resident or vulnerable person (566.115)
- An employee of any jail, prison, or correctional facility with a prisoner/offender (566.145)
In all of these situations, one party has clear power and authority over the other. Even if an of-age-student has consensual relations with a teacher, it is still illegal. The opportunity for those actions should never arise due to the nature of the relationship.
By the use of forcible compulsion
Forcible compulsion is to compel by force. This can be a physical force, or a threat of one. Forcible compulsion can include:
- Fear of immediate or future death.
- Fear of personal injury to one’s self or another person.
- Fear that the person or another person will immediately or in the future be kidnapped.
Additionally, Missouri defines forcible compulsion to include the use of a substance administered without a victim’s knowledge or which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
If you have experienced sexual activity without consent, our team of sexual abuse lawyers is here to help. We are dedicated to providing support and legal expertise during this difficult time. Monsees and Mayer will ensure your rights are protected and your voice is heard. Contact us today for a free confidential consultation.