The majority of people know… consent for sexual activity only counts if it is given freely.
The only way you can be certain someone has given their consent is by them saying yes freely and willingly. Flirting, kissing and engaging in other forms of sexual activity does not mean someone has consented to all forms of sexual activity.
If someone invites you back to their home or hotel room, or if they come to yours, it doesn’t mean they are automatically agreeing to sex or any form of sexual activity.
For sexual activity to be considered consensual, the person must give consent freely and willingly and be physically and mentally capable of giving consent.
Things which may affect somebody’s ability to give consent are:
- Being unable to fully understand what is happening because they have consumed too much alcohol
- Being unable to fully understand what is happening because they have taken drugs
- Being afraid to say no (this includes fear of physical violence and emotional abuse)
- Being under the legal age of consent in the UK (16)
- Being asleep
- Being unconscious
- Being unable to fully understand what is happening because of a learning disability
The person initiating sex is responsible for getting consent. They need to ask themselves if the other person is capable of giving consent.