Final answer:
The defense of consent to intentional torts is valid when the consenting person has the capacity to understand the act, gives consent voluntarily, and the consent is specific to the act. Minors and mentally incapacitated individuals cannot legally give consent; however, parents can consent on behalf of their minor children.
Step-by-step explanation:
The defense of consent to intentional torts can be raised under specific conditions. For consent to be a valid defense, the consenting individual must have the capacity to consent, which means they must understand the nature and consequences of the act to which they are consenting. In the legal sense, this refers to an individual's competence. For instance, as established in Dusky v. United States and Godinez v. Moran, a defendant must be competent to stand trial or to waive certain rights.
Furthermore, the consent must be given voluntarily, without coercion, and it must cover the specific conduct or harm inflicted. In the case of minors or individuals who cannot legally give consent, such as mentally incapacitated persons, consent may not be legally recognized, since as per Rogers v. Okin, the competence of a committed patient is presumed until adjudicated otherwise, and this could relate to their ability to consent. For example, parents can provide consent on behalf of their minor children, as minors are not competent to provide consent for themselves.