Consenting to a sexual act or activity involves agreeing by choice and having both the freedom and capacity to make that choice (Sexual Offences Act 2003).
Freedom is defined as: A person can make this choice without concern about the consequences for their own or others physical or emotional safety. Someone is not free to consent if they are being physically forced, held down, kidnapped or emotionally coerced, manipulated or pressured.
Capacity is defined as: A person is physically and/or mentally able to make a choice and to understand the consequences of that choice. Capacity to consent is impaired if someone is under the age of 16 (16 is the legal age of sexual consent in the UK), asleep or unconscious, or intoxicated (alcohol and drugs). Some disabilities or mental health conditions can impact someone capacity to consent however its important to note that having a disability or mental health condition does not automatically mean capacity is absent.
Sexual consent is a continuous process and can be removed at any time by any party. Consent is not the absence of a ‘no’ but instead involves continuous positive verbal and non-verbal communication. If you didn't say the word 'no', weren't able to speak at all through shock, if you didn't shout or fight or struggle, it does not mean you gave your consent. It is never your fault.
You can report an incident of sexual violence and find out how to get support via Report and Support.
More information about consent
Consent Matters modules on Moodle
Brook: Sexual health and wellbeing for the under 25s
Pause.Play.Stop
For more info, see these FAQs:
I have experienced sexual violence. Where can I go for advice and support?
What is sexual health?
What is sexual violence?
Someone I know has experienced sexual violence. What can I do?
