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Defining Consent

The idea of consent, or voluntary agreement, is one of the most difficult areas of criminal law to navigate. What exactly constitutes consent in a legal setting has varied by society for thousands of years. For a long time, implied consent was a much more broadly and vaguely applied idea (for instance, a wife might have been considered to always consent to sexual acts with her husband by the very fact that they were married).

In more recent years, consent has begun to play a role as an argument for defense in criminal cases, leading stricter interpretations of what specific actions or words constitute agreement, as well as the methods used to obtain this agreement.

Areas of Consent

Examples of cases in which consent is a major factor include:

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For more information on how the legal idea of consent affects your actions and relationships with others, contact the San Jose criminal defense lawyers at the [firm-name] at [phone-number].