How To Prove A California Consent Defense

In California, a defense of Consent is defined as:
Consent is the process of providing essential information to a party (usually a patient) and in return, receiving that party’s consent for certain procedures or treatments.
It simply means:
Providers are required to inform about procedures.
There are 2 elements of the defense:
- Element 1. The defendant makes defamatory statement. The defendant spreads false information about someone that harms their reputation, which is a key part of a legal defense called Consent Defense, where the person who was harmed may have agreed to the statement being made.
Facts that might support this element look like:
* The defendant publicly stated that the plaintiff engaged in criminal activity without any evidence to support the claim.
* The defendant shared false information about the plaintiff’s professional qualifications on social media, damaging the plaintiff’s reputation.
* The defendant repeatedly accused the plaintiff of unethical behavior in front of mutual acquaintances, leading to social ostracism.
* The defendant published an article containing false allegations about the plaintiff, which was widely circulated in the community.
* The defendant knowingly misrepresented the plaintiff’s actions during a public meeting, causing harm to the plaintiff’s personal and professional relationships. - Element 2. The plaintiff consents to the statement, by words or conduct. The plaintiff agrees to a certain action or situation, either by clearly saying so or by their behavior, which can be used as a defense in legal cases where consent is important.
Facts that might support this element look like:
* The plaintiff verbally agreed to the terms of the agreement during a recorded conversation.
* The plaintiff signed a document explicitly stating their consent to the actions taken.
* The plaintiff actively participated in the event, demonstrating their willingness to engage.
* The plaintiff expressed approval through affirmative gestures during the interaction.
* The plaintiff had prior knowledge of the circumstances and did not object at any time.
(See California Civil Jury Instructions (CACI), No. 1721.)
If you’re in court without a lawyer and plan to assert a Defense of Consent, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively present your Defense of Consent.
U.S. Civil Cases Only