Which of the following is NOT a condition under which a person cannot legally give consent?

The ability to resist is not a legally recognized condition that prevents someone from giving consent. Consent requires the ability of an individual to make a voluntary and informed decision. Factors that determine whether a person can legally give consent typically include their mental state, which can be impacted by circumstances such as being unconscious, incapacitated by substances, or under external pressure like threats or coercion.

In cases where an individual is unable to resist—such as when they are incapacitated by alcohol or drugs—this impairs their ability to provide informed consent. Similarly, if someone is threatened or coerced, their decision-making process is compromised, thus invalidating any consent that may be implied or otherwise. In contrast, the mere ability to resist does not on its own indicate that a person is unable to give consent, as they could still have the capacity to consent based on the totality of the circumstances.