Section 14.77 Consent

• Library: Criminal Practice 2012 Supp

b. (§14.77) Consent

Consent is not a defense to forcible rape, forcible sodomy, statutory rape, statutory sodomy, child molestation, or sexual abuse. “Forcible compulsion” means either physical force that overcomes reasonable resistance or an express or implied threat that places the victim in “reasonable fear of death, serious physical injury or kidnapping of such person or another person.” Section 556.061(12), RSMo Supp. 2004. See State v. Daleske, 866 S.W.2d 476 (Mo. App. W.D. 1993), for a discussion of forcible compulsion. “Consent” is defined in § 556.061(5). An assent is not consent if:

· it is given by a person who lacks mental capacity to assent and that mental capacity is manifested or known to the defendant;

· it is given by a person so young, so intoxicated, or so mentally distressed or defective as to be unable to make a reasonable judgment; or

· it is induced by force, duress, or deception.

A victim is not incapacitated if...