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, emotionally coerced, manipulated, or pressured.
Capacity is defined as: A person who is physically and/or mentally able to make a choice and 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), asleep unconscious, or intoxicated (alcohol and drugs). Some disabilities or mental health conditions can impact someone's capacity to consent however it's 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, or 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.
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