Consent (as a term of jurisprudence) is a possible justification for breaking the law. Defendants who use this defense are arguing that they should not be held liable for a crime, since the actionss in question were taken with the "victim's" consent and permission. For example, if one signs a document stating that one is aware of the hazards of paintball, and that individual is then injured playing the game; it is possible that the person who shot said individual, in the eye, cannot be held liable. Consent has also been used as a defense in cases involving accidental deaths, which occurred during sexual bondage. Time (May 23, 1988) referred to this latter example, as the "Rough-Sex Defense".

It is an open question as to whether one may consent to giving up the right to not consent to some action. For instance, if someone says "For the next 15 minutes I give up my right to refuse to have sex with you. It is ok if I say 'No' and you go right ahead."

See also Informed consent, Age of consent.