consent

consent
A concurrence of wills. Voluntarily yielding the will to the proposition of another; acquiescence or compliance therewith. Agreement; approval; permission; the act or result of coming into harmony or accord. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. It means voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to do something proposed by another. It supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Consent is implied in every agreement. It is an act unclouded by fraud, duress, or sometimes even mistake. Willingness in fact that an act or an invasion of an interest shall take place. Restatement, Second, Torts, No. 10A. As used in the law of rape "consent" means consent of the will, and submission under the influence of fear or terror cannot amount to real consent. There must be an exercise of intelligence based on knowledge of its significance and moral quality and there must be a choice between resistance and assent. And if woman resists to the point where further resistance would be useless or until her resistance is overcome by force or violence, submission thereafter is not "consent".
See also acquiescence

Black's law dictionary. . 1990.

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Synonyms:
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Look at other dictionaries:

  • consent — con·sent n 1 a: compliance in or approval of what is done or proposed by another; specif: the voluntary agreement or acquiescence by a person of age or with requisite mental capacity who is not under duress or coercion and usu. who has knowledge… …   Law dictionary

  • consent — con‧sent [kənˈsent] noun [uncountable] 1. permission to do something, especially by someone who has authority or responsibility: • He took the car without the owner s consent. • The city authorities have given their consent to leases on two… …   Financial and business terms

  • Consent — Con*sent , n. [Cf. OF. consent.] 1. Agreement in opinion or sentiment; the being of one mind; accord. [1913 Webster] All with one consent began to make excuse. Luke xiv. 18. [1913 Webster] They fell together all, as by consent. Shak. [1913… …   The Collaborative International Dictionary of English

  • consent — [kən sent′] vi. [ME consenten < OFr consentir < L consentire < com , with + sentire, to feel: see SENSE] 1. a) to agree (to do something) b) to willingly engage in a sexual act: often in the phrase consenting adult c) to give permission …   English World dictionary

  • Consent — Con*sent , v. t. To grant; to allow; to assent to; to admit. [Obs.] [1913 Webster] Interpreters . . . will not consent it to be a true story. Milton. [1913 Webster] …   The Collaborative International Dictionary of English

  • Consent — Con*sent , v. i. [imp. & p. p. {Consented}; p. pr. & vb. n. {Consenting}.] [F. consentir, fr. L. consentire, sensum, to feel together, agree; con + sentire to feel. See {Sense}.] 1. To agree in opinion or sentiment; to be of the same mind; to… …   The Collaborative International Dictionary of English

  • consent — (v.) early 13c., from O.Fr. consentir (12c.) agree, comply, from L. consentire feel together, from com with (see COM (Cf. com )) + sentire to feel. Feeling together, hence, agreeing, giving permission, apparently a sense evolution that took place …   Etymology dictionary

  • consent — [n] agreement; concession accord, acquiescence, allowance, approval, assent, authorization, blank check*, blessing, carte blanche*, compliance, concurrence, goahead*, green light*, leave, okay*, permission, permit, right on*, sanction, say so*,… …   New thesaurus

  • consent to — index approve, authorize, comply, countenance, embrace (accept), indorse, sanction, sustain ( …   Law dictionary

  • consent — vb *assent, accede, acquiesce, agree, subscribe Analogous words: *yield, submit, defer, relent: permit, allow, *let: *approve, sanction: concur (see AGREE) Antonyms: dissent Contrasted words: refuse, * …   New Dictionary of Synonyms

  • consent — ► NOUN ▪ permission or agreement. ► VERB 1) give permission. 2) agree to do. ORIGIN from Latin consentire agree …   English terms dictionary

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