Consent Laws: A Woman’s Kind Deed Lost Her $20,000
This video shows how consent laws come into play and how a woman’s kindness lost her $20,000.
The footage shows a woman waiting in line at a small market. A young man asks if he can cut her in line, and she agrees.
What happens next is unexpected. Two people come into the shop. One holds a large paper check, and the other carries an aerial microphone.
The speaker informs the man that he is the store’s millionth customer and, thereby, the winner of $20,000. This seems unfair. The woman would have won the money if she had kept her spot in line.
It becomes clear this video is a prank, but it presents an interesting legal question. Is the man legally allowed to keep the money? According to consent laws, he has every right to claim the prize.
What are Consent Laws?
Consent laws state that an activity is legal if an individual’s consent is given “freely and voluntarily.” Additionally, they must have “knowledge of the nature of the act or transaction involved.”
If the man had cut the woman by force, she would not have given her consent freely and voluntarily. She could claim the prize money.
She could also claim the prize money if she didn’t understand what was happening. Legal consent requires the person contenting to understand what they are consenting to. With that said, this video clearly shows this woman fully understands what’s going on.
What are Other Consent Laws?
Consent laws are relevant in several legal situations. Here are a few situations in which consent can play a critical role.
- Sexual Assault: Sexual assault convictions are often contingent on whether both partners consent to the activity. A verbal rejection typically constitutes non-consent. Consent must be ongoing. It can be taken back at any time during sexual activity.
- Medical Procedures: Healthcare providers must inform patients about medical procedures and all risks, benefits, and alternatives. Patients must consent to procedures before they happen. The patient must have the mental faculties to make decisions regarding their medical treatment. If the patient is not competent, they may assign power of attorney to a close relative.
- Search and Seizure: According to the 4th Amendment, individuals are protected from unreasonable search and seizure. Law enforcement must have probable cause and a judge-issued warrant to search a person’s property. However, the individual may also voluntarily consent to a search if a police officer confirms their official status and claim of right.
What is the Legal Age of Consent?
A person’s age may also affect consent laws. According to law, an individual under a certain age does not have the legal capacity to provide consent. Consequently, the legal system protects these people.
Age is a frequent concern in sexual consent. In some states, the legal age of sexual consent is 18. Moreover, any person over 18 can be charged with statutory rape for engaging in sexual acts with a minor. They may be guilty of the crime regardless of whether the minor agreed to or imitated the sexual act.
However, some states have a “Romeo and Juliet” law that allows two people in a committed relationship to engage in sexual activity before one of them turns 18. However, this law usually requires both parties to be close in age. For example, a 17-year-old engaging in sexual activity with an 18-year-old.
Age of consent also comes into play in medical situations. According to California law, minors 12 and older can consent to treatment for drug and alcohol abuse, infectious diseases, sexually transmitted diseases, AIDS, and HIV. Minors 15 years and older can consent to general care.
However, the age of consent for medical care varies from state to state.
Incapacitation and Consent Laws
Consent laws also extend to incapacitation. Drugs, alcohol, or a mental impairment may signify incapacitation. The person may also be asleep or unconscious. In these cases, they would not be considered capable of providing consent.
Drugs and alcohol do not necessarily signify incapacitation. However, if an intoxicated person is sleeping, unconscious, cannot walk or focus, and shows communication difficulties, they may be considered unable to provide consent.