Consent

Sexual consent is defined as a clear, knowing and voluntary agreement to engage in sexual activity.

It requires that all individuals participating freely agree to participate and that they have the capacity to make that choice. Consent by law is when a person ‘agrees by choice and has the freedom and capacity to make that choice’

Consent can be withdrawn at any time and should always be present in sexual activity. Consent should never be assumed.

Communication is the key. Talking about consent can be a way to find out more about your partner, and what they do and don’t like. If your partner doesn’t give consent, it is important to respect that decision.

• Capacity means being able to make your own decisions and communicate them
• If someone is asleep, unconscious or under the influence of drugs or alcohol, then they can’t consent to sex
• Some people may not have the capacity to consent to sex due to mental health problems or learning difficulties
• Any sexual act with a person who doesn’t have capacity would be considered as sexual assault

Freedom means that the person agreeing to have sex or engage in sexual activity is agreeing by their own choice.

This does not mean agreeing to sex that you feel pressured into, coerced, tricked, threatened or forced in a non-physical way. For example, a victim of domestic violence or a young person that may not understand what they are consenting to.

It also means that you are having sex because you want to, not because you feel you have to.

Consent is needed for all sexual activity.

Giving consent for one activity, one time does not mean that you are giving consent for any further sexual activity. For example, agreeing to kiss someone does not mean that you are giving them consent to remove your clothes.

Having sex with someone in the past does not mean that you have consented to have sex with them in the future.

You can change your mind at any time. Consent can be withdrawn at any time during sexual activity and each time activity occurs.

The legal age for sexual consent in the UK is 16.

Consent is defined by section 74 Sexual Offences Act 2003. ‘Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs.’

The only person who knows if you are ready for sex is you. It’s your choice and no one else’s.

If you’re thinking of having sex for the first time, there are some things you may want to consider:

• Do you want to have sex for yourself, not for the other person or to fit in with friends or other people’s expectations of you?
• Are you certain that you are not being forced, coerced or pressured into having sex?
• Have you and your partner talked about using condoms and contraception and the implications if you or your partner became pregnant?

If you have had sex without any contraception or a the condom has torn or slipped, there are emergency contraception options available.