Consent and the law

1. Consent and the law

2. The legal definition Legally, the definition of consent, according section 74 of the Sexual Offences Act 2003, is when someone "agrees by choice…and has the freedom and capacity to make that choice." Things to consider around giving or receiving consent include: • Whether you or the other person are too young • If drugs or alcohol have been consumed • Poor health • Additional learning needs • Fear and manipulation Someone cannot consent if: • They don’t legally have the capacity to consent • They are asleep or unconscious • They don’t have the freedom to consent

3. The age of consent • The legal age of consent is 16 and it’s an offence to have sexual activity with someone under that age (or 18 if the other person is in a position of trust or authority). • However, the law isn’t intended to criminalise mutually agreed sexual activity between two young people of similar age and understanding, unless it involves abuse, exploitation or harm. • Young people have the right to access confidential advice and help about sex and sexual health, including on contraception, condoms and pregnancy, even if they're under 16.

4. Consent: Yes, yes, yes! We should recognise consent as nothing less than an enthusiastic “yes.” Does the other person want to be there? Have they told you they want to do this? Are they happily touching and kissing you too? If you’re not sure how the other person feels, stop and check in with them.

5. Consent is not… • When someone feels scared, bullied or harassed into having sex. • When they’re incapacitated by drugs or alcohol. • Asking someone 50 times for consent, and ignoring no 49 times until you get a yes.

6. There should never be a “grey area” in consent. Always ensure you have a partner’s full, happy, and enthusiastic consent before engaging in any kind of sexual activity, every time. Just because someone has said “yes” before, it doesn’t mean they say “yes” to every time or every act.

7. Where to get help • If you’ve been raped or assaulted and you need urgent medical care, call 999 (or 112 from a mobile) and ask for an ambulance, or go straight to your nearest A&E. • You can also call 999 (or 112 from a mobile) if you wish to speak to the police. • A doctor or nurse can help you get emotional support. They may have to talk about what happened with other people but they'll talk to you about this first.

8. Childline Help and emotional support for people aged 18 or under Phone: 0800 1111 www.childline.org.uk Switchboard – the LGBT+ helpline Support and advice for people who are lesbian, gay, bisexual, transgender, or other identities (LGBTI+) Phone: 0300 330 0630 www.switchboard.lgbt Rape Crisis England and Wales Support for people in England and Wales who have experienced rape, child sexual abuse or any kind of sexual violence Phone: 0808 802 9999 (Every day from 12pm - 2.30pm and 7pm - 9.30pm) www.rapecrisis.org.uk Rape Crisis Scotland Phone: 0808 801 03 02 (Every day from 6pm – 12am) www.rapecrisisscotland.org.uk 24 Hour Domestic & Sexual Violence Helpline (Northern Ireland) Support, advice and signposting service run by Women’s Aid for people of all genders in Northern Ireland who have been affected by domestic or sexual violence Phone: 0808 802 1414 www.womensaidni.org Where to get help