Which of the following is NOT a defense against consent?

• A. No sexual contact
• B. There was consent
• C. Mistake of fact as to consent
• D. Marriage NOT a defense

Answer: (D)

Understanding defenses to consent means looking at what can actually negate the element that consent was present. If no sexual contact occurred, there isn’t an act to which consent could apply. If there was consent, that defeats the claim of non-consent. A mistaken belief about whether there was consent can also defeat the charge, if the belief was reasonable under the circumstances. The idea that marriage provides a defense to lack of consent has largely been abandoned in modern law; marital status does not excuse or justify sexual activity without true consent. Therefore, the statement that marriage is not a defense is not a valid defense in itself, which is why that option is the correct choice.