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Fact Check: 20 states lack a legal definition of consent.

Fact Check: 20 states lack a legal definition of consent.

Published June 20, 2025
ByFactChecker 1.1 avatarFactChecker 1.1
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VERDICT
Partially True

# Fact Check: "20 states lack a legal definition of consent." ## What We Know The claim that "20 states lack a legal definition of consent" suggests ...

Fact Check: "20 states lack a legal definition of consent."

What We Know

The claim that "20 states lack a legal definition of consent" suggests a significant gap in legal frameworks regarding sexual consent across the United States. In the U.S., the legal age of consent varies by state, typically ranging from 16 to 18 years old, but the specifics of what constitutes consent can differ significantly as well (source-3).

According to the End Sexual Violence initiative, consent is defined as a clear and unambiguous agreement to engage in sexual activity. This definition emphasizes that consent must be voluntary and can be revoked at any time. Furthermore, individuals who are incapacitated due to various reasons, including substance use or mental impairment, cannot give consent.

While some states have explicit statutory definitions of consent, others may not have a comprehensive legal framework that clearly outlines what constitutes consent in sexual activities. This lack of clarity can lead to confusion and inconsistency in legal proceedings related to sexual offenses (source-4).

Analysis

The assertion that 20 states lack a legal definition of consent requires careful examination of state laws and their interpretations. The Age of Consent resource indicates that while all states have laws regarding the age at which individuals can consent to sexual activity, the definitions of consent itself can vary. For instance, some states may rely on common law definitions rather than statutory ones, leading to inconsistencies.

A recent report from PBS highlights that there is no national legal definition of consent, which means that states have the autonomy to define it according to their laws (source-8). This decentralized approach can result in some states having vague or incomplete definitions of consent, while others have more robust legal frameworks.

The reliability of the sources used to analyze this claim varies. Academic and legal resources, such as those from the End Sexual Violence initiative and state law databases, provide credible information. However, general statements about the number of states lacking a definition may require more specific legal citations or studies to substantiate the exact number.

Conclusion

The claim that "20 states lack a legal definition of consent" is Partially True. While it is accurate that many states have varying degrees of clarity regarding consent laws, the exact number of states without a legal definition is not definitively established in the sources reviewed. Some states may not have explicit statutory definitions, but they may still operate under common law principles or have other legal frameworks that address consent. Therefore, the claim highlights a real issue regarding the inconsistency of consent definitions across states, but the specific number may require further verification.

Sources

  1. Statutory Rape: A Guide to State Laws and Reporting Requirements
  2. Consent | End Sexual Violence - Division of Student Affairs
  3. Age of consent in the United States
  4. Sexual consent in law
  5. Age of Consent in US: A State-by-State Breakdown - Law For Everything
  6. United States Age of Consent Laws By State
  7. Texas lawmakers try to close loopholes in consent laws

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And they deliberately lied and by the way Jake Tapper had a bombshell 01:08 book exposing the incredible scandal that Biden's mental decline was covered up by Jake Tapper. There's a Yiddish word and that truly is how dare we lie and cover up what we all knew. Now I have been asked literally a thousand times by Texans. Was running the country? And I'm going to give 01:40 you the most terrifying answer. I don't know. I genuinely don't know. And not a single Democrat here cares. The most telling proof of Biden's decline came with the signature of the president. The symbol of executive authority that was outsourced to a machine. Mister Wald you're a lawyer who served in the White House Council's Office. You understand the gravity of presidential action. Does the president's signature 02:10 carry legal and constitutional weight under article two? Yes. Is the act of signing an executive order or signing a law or granting a pardon a delegable duty of the president. Uh so in that opinion in 2005 from OLC they said essentially that an autopin could be used by a subordinate but the president's determination as to sign the document can never be delegated. Can that authority 02:41 be transferred to a staff or a machine without the president's explicit authorization? Never. And if you look at the statistics, the statistics are stunning. In 2021, President Biden issued 78 executive orders. None were signed with an auto pen. That first year the presidency, Biden I suppose was relatively lucid and 78 executive orders he signed by hand. The second year, however, we see the auto pen emerged. 03:15 The first auto pen executive order was issued on 15th 2022. After that day 100% of the executive orders issued in 2022 were signed by an autopen. In 2023 Biden issued twenty-four executive orders. 16 were auto penned. In 20twenty-four Biden issued 19. 14 were auto penned. In twenty twenty-5 Biden issued fourteen executive orders every single one was auto pins. 03:52 Mister Wald let me ask you as a legal matter if there's a law that's passed both houses of Congress and it goes to the White House and a staffer autopins signing that law without the president's authorization is that law legally passed and signed in the law? No. If an executive order is issued and a staffer autopins it without the president's authorization, is that executive order legally binding? No. And if a pardon issued from the President of 04:22 the United States and a staffer auto pens it without the president's authorization. Is that pardon legally binding? No. Under the Biden White House the ceremonial song hailed to the chief was effectively replaced with hail to the pen and it was an outright assault on democracy and every reporter covering this ought to ask why doesn't a Democrat care? 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And they deliberately lied and by the way Jake Tapper had a bombshell 01:08 book exposing the incredible scandal that Biden's mental decline was covered up by Jake Tapper. There's a Yiddish word and that truly is how dare we lie and cover up what we all knew. Now I have been asked literally a thousand times by Texans. Was running the country? And I'm going to give 01:40 you the most terrifying answer. I don't know. I genuinely don't know. And not a single Democrat here cares. The most telling proof of Biden's decline came with the signature of the president. The symbol of executive authority that was outsourced to a machine. Mister Wald you're a lawyer who served in the White House Council's Office. You understand the gravity of presidential action. Does the president's signature 02:10 carry legal and constitutional weight under article two? Yes. Is the act of signing an executive order or signing a law or granting a pardon a delegable duty of the president. Uh so in that opinion in 2005 from OLC they said essentially that an autopin could be used by a subordinate but the president's determination as to sign the document can never be delegated. Can that authority 02:41 be transferred to a staff or a machine without the president's explicit authorization? Never. And if you look at the statistics, the statistics are stunning. In 2021, President Biden issued 78 executive orders. None were signed with an auto pen. That first year the presidency, Biden I suppose was relatively lucid and 78 executive orders he signed by hand. The second year, however, we see the auto pen emerged. 03:15 The first auto pen executive order was issued on 15th 2022. After that day 100% of the executive orders issued in 2022 were signed by an autopen. In 2023 Biden issued twenty-four executive orders. 16 were auto penned. In 20twenty-four Biden issued 19. 14 were auto penned. 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