Consent

The Sexual Offences Act 2003 says that someone consents to sexual activity if they:

• Agree by choice and
  
  
• Have both the freedom and capacity to make that choice.

If someone says ‘no’ to any kind of sexual activity, they are not agreeing to it.

But, if someone doesn't say ‘no’ out loud, that doesn’t automatically mean that they have agreed to it either.

If someone seems unsure, stays quiet, moves away or doesn’t respond, they are not agreeing to sexual activity. In fact, it’s really common for people who have experienced sexual violence to find they are unable to move or speak.

Someone doesn’t have the freedom and capacity to agree to sexual activity by choice if:

• They are asleep or unconscious.
  
  
• They are drunk or ‘on’ drugs.
  
  
• They have been ‘spiked’.
  
  
• They are too young.
  
  
• They have a mental health disorder or illness that means they are unable to make a choice.
  
  
• They are being pressured, bullied, manipulated, tricked or scared into saying 'yes’.
  
  
• The other person is using physical force against them.

If someone's not sure whether you are giving your consent for something sexual, they should check with you. If they can see or suspect you're not 100% comfortable or happy with what's happening between you, they should stop.

Because consent has to involve freedom and capacity to be consent, saying 'yes' is not enough.

Being forced, pressured, bullied, manipulated, tricked or scared takes away our freedom and capacity to make choices in lots of different situations.

For example, if someone is in an abusive relationship, they might say 'yes' to something out of fear for their own wellbeing or the wellbeing of other people – which is a long way away from saying 'yes' because they really wanted to. The fear took away their freedom and capacity to make a real choice.

Most of us would recognise that, if someone stands behind you at a cash machine and asks for your PIN number while holding a knife to your back and you give it to them, you aren’t consenting to being robbed.

Well, it's similar with sex. Although, in this case, the 'knife' could be something entirely different – such as the threat of someone sharing a sexually explicit photo of another person. Or spreading lies about them. Or making them feel worthless.

Here are some examples of what consent does and doesn’t look like in practice.

Consent looks like:

• Enthusiastically saying ‘yes!’
  
  
• Talking to the other person about what you do and don't want, and listening to them in return.
  
  
• Checking in with the other person – for example, asking ‘is this okay?’, ‘do you want to slow down?’ or ‘do you want to stop?’
  
  
• Respecting someone’s choice if they say ‘no’. And never trying to change their mind or put pressure on them.

Consent does NOT look like:

• Feeling like you have to agree to sex or other sexual activity because you’re worried about the other person’s reaction if you say ‘no’.
  
  
• Someone having sex with you or touching you in a sexual manner when you’re asleep or unconscious.
  
  
• Someone continuing with sexual activity despite your non-verbal cues that you don’t want it to continue or you’re not sure – for example, if you pull away, freeze or seem uncomfortable.
  
  
• Someone assuming that you want to have sex or take part in other sexual activity because of your actions or what you’re wearing – for example, flirting, accepting a drink, wearing a short skirt.
  
  
• Someone assuming that you want to have sex or take part in other sexual activity with them because you’ve had sex or taken part in other sexual activity with them before.
  
  
• Someone assuming that you want to take part in one type of sexual activity because you wanted to take part in another.
  
  
• Someone removing a condom during sex after you only agreed to have sex with one (what is known as 'stealthing').

Please know, however, that these are just a few examples of what consent doesn’t look like.

If you didn’t want something to happen then you didn’t give your consent. You also didn’t give your consent if you weren’t capable of deciding whether or not you wanted it – for example, if you were a child or if you were drunk.

And if there was no consent then it was sexual abuse.

Consent is not like a permit or voucher that we can use up until its expiry date or at any point in the future. The person who really wanted to have sex with us last night might not want to have sex with us this morning and that’s 100% their right.

It also makes no difference if you're married to someone or in a relationship with them. You still need to get their consent. Every. Single Time.

The age of consent in England and Wales is 16. This is the age when young people of any sex, gender or sexual orientation can legally consent to taking part in sexual activity.

This means that sexual activity between two or more people is always unlawful if at least one of the people is under the age of 16.

It doesn't matter if:

• All those involved are the same age or very close in age.
  
  
• Those under the age of 16 have given their consent (in line with the definition above).

However, not everyone who does something unlawful is charged with a crime and taken to court (prosecuted). It is up to prosecutors to decide whether it is in the 'public interest' for this to happen – and, when making this decision, they have to take certain factors into account.

Although the age of consent is 16, the law has some extra protections in place for young people aged 16 and 17.

For example, it is illegal to:

• Take a photo or video of someone aged 18 or under engaging in sexual activity.
  
  
• Pay for sexual services from someone under 18.
  
  
• Take part in sexual activity with someone under 18 if you are in a position of trust – for example, if you are their teacher, social worker, doctor or care worker.
  
  
• Take part in sexual activity with someone under 18 if they are a member of your family.