Invalid consent: consent obtained by fear, misconception, incapacity, or minority is not treated as valid under the law. Consent is not valid if given under fear or misconception and the actor knows or should know this; it is also invalid where the person, due to unsoundness of mind or intoxication, cannot understand the nature and consequences of the act, and, unless the context shows otherwise, consent by a person under twelve years of age is not regarded as valid.