Consent as a Legal Defense in Rhode Island Criminal Cases

If the Alleged Victim Agreed, There's No Crime.

Consent changes everything. In many cases—especially in sexual assault, assault and battery, and even property crimes—consent is a full legal defense to a criminal charge. If the person accusing you agreed to the conduct, then the act wasn't criminal.

At Manosh Payette Criminal Defense Attorneys, we know how to raise the defense of consent and back it with evidence. We don't just tell your side of the story—we prove it.

What Is Consent in Criminal Law?

Consent means that a person freely and voluntarily agreed to the conduct in question. In Rhode Island, consent can be a defense in cases involving:

• Sexual assault

• Domestic assault

• Simple and aggravated assault

• False imprisonment

• Theft or borrowing of property

The key is that the consent must be:

• Knowing (the person understood what they were agreeing to)

• Voluntary (not coerced, forced, or under threat)

• Capable (the person was legally and mentally able to consent)

Common Scenarios Where Consent Is the Key Issue

We've used consent defenses in cases where:

• A sexual encounter was later alleged to be non-consensual

• A fight occurred after both parties agreed to “settle it” physically

• A domestic partner gave permission to enter or use property

• Borrowed property was later reported as stolen

• Messages or texts contradicted an accuser's version of events

The law can't punish behavior that the other person willingly participated in. But the State often rushes to charge based on emotion or assumption. That's where we come in.

How We Prove Consent

Consent is often about what happened before, during, and after the event. We investigate:

📱 Texts and Messages

What did the accuser say before or after the incident?

🎥 Surveillance and Videos

Footage from homes, businesses, or phones may show behavior inconsistent with the accusation.

🧑‍🤝‍🧑 Prior Relationship History

We explore patterns of contact, agreement, or shared understanding.

👁 Witnesses

Friends, neighbors, or bystanders often saw or heard things that contradict the accusation.

📝 Statements and Timing

We analyze how and when the accusation was made—and whether it changed over time.

In cases involving false allegations, we also dig into motives: Was there a breakup? A custody dispute? A revenge narrative? A pending immigration issue?

When Consent Is Not a Defense

There are some situations where consent won't hold up legally, including:

• When the person was underage (especially in sexual assault cases)

• When the person was intoxicated or incapacitated

• When consent was obtained through threats, force, or fear

• When a power imbalance makes consent legally invalid (e.g., certain authority figures)

If consent isn't available, we still pursue every other valid defense—like false allegations, mistaken identity, or lack of evidence.

Consent Can Be the Difference Between Prison and Freedom

We've used the consent defense to get charges reduced, dismissed, or fully acquitted in court. In some cases, prosecutors drop charges entirely after we present consent evidence during pre-trial negotiations.

If you've been accused of something the other person agreed to—we're the team to tell that story clearly, carefully, and persuasively.

Don't Let a Misunderstanding Become a Criminal Record

You may be scared, angry, or humiliated. But you don't have to go through this alone.

At Manosh Payette Criminal Defense Attorneys, we've handled some of Rhode Island's toughest consent-related charges—with skill, discretion, and results.

📞 Schedule a Confidential, No-Pressure Consultation Today

📍 Providence-based | Serving all Rhode Island courts
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Your story deserves to be heard. Let's make sure it is.