Which of the following indicates that a victim is unable to consent or refuse?

A victim being mentally incapacitated is a clear indication that they are unable to provide informed consent or refuse. Mental incapacitation can result from various factors such as severe mental illness, substance abuse, or even physical conditions that impair cognitive functioning. When someone is mentally incapacitated, they lack the ability to understand the situation fully, assess the consequences, or make a rational decision regarding consent.

In contrast, being in a consensual relationship does not inherently compromise a person's ability to consent; rather, it can establish a context of mutual agreement. Choosing to engage implies that the individual is able to make decisions and thus can give or refuse consent. Lastly, being alone with another person does not automatically negate a person’s ability to consent, as an individual may still have the capacity to make informed choices in that context.