Consent is when a person ‘agrees by choice and has the capacity to make that choice.
This means that the people involved in sexual act must voluntarily agree to engage in those activities. It’s important to remember that consent can be withdrawn at any time. There are times where a person does not have the capacity to consent.
Some examples of situations where a person is not able to give consent would be
Some examples of situations where a person is not able to give consent would be
- If a person is too drunk or high to understand what they are agreeing to
- If a person is asleep or unconscious
- If the person has been pressured, manipulated or coerced
- If someone is under the age of consent
- If a person isn’t able to communicate
- Some people living with a mental health problem, a learning disability or a head injury may not have the capacity to consent.
Here are some tips to make sure you have consent
- Ask yourself if the other person is capable of giving consent.
- You can confirm if you have consent by checking the other person’s body language and by asking them.
- Check with them each time you start a new type of sexual activity.
- Check with them on each occasion you start any sexual conduct.
- Look at their body language and facial expression to see if they are eager and comfortable.
- Ask them if they are okay.
- If they seem unhappy, or you are not sure they are consenting, stop.
- Silence, or the absence of a “no”, does not guarantee somebody is consenting.
- A clear affirmative freely-given “yes” indicates consent.
- If you are ever unsure about whether you have consent, stop, ask and listen.