In New Jersey, minors, incapacitated individuals, and those suffering from certain mental illnesses cannot “consent”. This limitation applies where the victim is:
- Legally incompetent to authorize the conduct charged as the criminal offense;
- Intoxicated or under the influence of drugs to the extent that they are unable to freely consent;
- Mentally incompetent; or
- Under the age of sixteen (16).
If any of these four (4) circumstances exist, consent is not a defense to a sexual assault charge.
