Delaware Code § 11-453

Circumstances negativing consent as defense
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Unless otherwise provided by this Criminal Code or by the law defining the offense, consent of the victim does not constitute a defense
if:
(1) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense unless the defendant
believes the victim is legally competent; or
(2) It is given by a person who, because of youth, mental illness, mental condition, mental defect, serious mental disorder, psychiatric
disorder or intoxication is manifestly unable or known by the defendant to be unable to make a reasonable judgment as to the nature
or harmfulness of the conduct charged to constitute the offense; or
(3) It is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or
(4) It is induced by force, duress or deception.

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