Sexual consent is agreeing by choice and having the freedom and capacity to make that choice (Sexual Offences Act 2003).
Freedom to consent: a person is free to make a choice if nothing negative would happen to them if they said no. For example, someone is not free to make a choice:
- if they are being physically restrained
- threatened with violence or humiliation
- they are being blackmailed
- they are they are being pressured or manipulated into saying ‘yes’
- there is a significant power imbalance and they feel pressured to continue the relationship
- they believe that the continuation of their studies/career progression would be at risk if they refuse.
Capacity to consent: Capacity means someone is physically and mentally able to make a choice and to understand the consequences of that choice. A person does not have the capacity to consent if:
- they are drunk or under the influence of drugs.
- they are asleep or unconscious
- they are under the age of 16
- they have a cognitive or learning difficulty that impacts their ability to consent, a disability which impairs their speech, or are experiencing a mental health crisis
Sexual consent is a continuous process and consent can be withdrawn at any time by any party. Consent must be sought for every sexual activity- having previously consented to sexual activity does not imply present or future consent to sexual activity. Consent to one type of sexual activity does not imply consent to another. For more information about sexual consent: Brook: Sexual health and wellbeing for the under 25s
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 not ok and is never your fault.
You can report an incident and find out how to get support via Report and Support.
For more information: