01592 642336Rape Crisis helpline 08088 01 03 02 daily 5pm-12am

Consent involves a person having the freedom and capacity to agree to sexual activity.

‘Freedom’ means a person’s ability to say yes or no of their own free will (and this being respected). ‘Capacity’ means a person understanding that they have choices, being able to make and communicate decisions and understanding consequences.

Here are some examples of when consent cannot be given:

  • If someone is under the influence of drugs or alcohol they may not have the capacity to give their consent
  • If someone is being coerced, manipulated, intimidated or threatened into sexual activity then they are not being given the freedom to give consent
  • If someone is unconscious or asleep they cannot give their consent.
  • Consent isn’t fixed – a person has a right to change their mind at any time. Sexual activity must stop as soon as consent is withdrawn.
  • Capacity to consent may also be affected by learning disabilities, mental health problems and head injuries.
  • Anyone under the age of 13 cannot legally consent.
Loading

This site may set cookies for essential tasks, such as tracking whether you are signed in.

We would also like to set analytics cookies to better understand our users’ behaviour.