Digging Deeper: When Consent is Not Consent

Jane Walsh, Director of At-Risk Protection, Denver District Attorney’s Office, will discuss the concept of consent, which underlies a range of actions in criminal and civil law, including gifting money. In the context of financial exploitation, prosecutors and law enforcement will regularly be faced with many situations where a victim is aware that money or assets are being transferred to a suspect, and is apparently consenting to this happening. It is easy for incorrect assumptions to be made about consent, for example, labeling a financial gift as a poor decision rather than the result of fraud or some other action. Learn more about the dynamics of these cases, how capacity factors in, and thoughts on tactics and strategies to consider when building and trying these cases.

The concept of consent underlies a range of actions in criminal and civil law, including gifting money.  In the context of financial exploitation, professionals at times make incorrect assumptions about consent, for example, labeling a financial gift as a poor decision rather than the result of fraud or some other action. Increasing the complexity of these cases is the issue of consent.  Learn about the elements of consent, how to confirm consent, and how to distinguish consent from actions or conditions (such as diminished capacity) that negate consent.

Presenter:

Senior DDA Jane Walsh
Director of At-Risk Protection
Denver District Attorney’s Office
Second Judicial District
201 W Colfax
Denver 80202
Tel: 720 913 9171
Email: jane.walsh@denverda.org

Date & Time: 
Thursday, September 6, 2018 - 2:00pm to 3:00pm ET
Updated August 1, 2018