An Introduction to Consent

The topic of consent appears to be one that is shrouded with misconceptions - a cause of concern due to its sensitive yet potentially problematic nature. We often hear the word ‘consent’ when talking about medical procedures, attending school trips, or having tattoos or piercings. But, here, we are talking about consent in the context of sexual violence; the most crucial element to sexual relationships.

What is ‘consent’?

To give consent means to give permission or to allow something to happen. To give consent means to say ‘yes.’ Similarly, to refuse or withdraw consent means to say ‘no.’

Why is it important that we have consent?

In order to participate in safe and legal sexual conduct, all parties involve must be able to provide fully-informed consent. A lack or absence of such consent may mean that a certain sexual activity committed by one person against another could amount to a crime.

To be able to give consent can be liberating. It allows us to create boundaries of what we are and are not comfortable with.

What does the law say about consent?

Section 74 of Sexual Offences Act 2003 stipulates that someone consents to sexual activity “if s/he agrees by choice, and has the freedom and capacity to make that choice.” There must also be a reasonable belief in the consent.

So, what does that mean?

• Agrees by choice

  • Someone agrees by choice if they are making their own choice for themselves. There is not a secondary party making that choice for them.

• Has freedom

  • Having freedom to make that choice means that there is no coercion, manipulation or pressure involved in making the choice.

• Has capacity

  • Having the capacity to consent means that the person consenting has the mental capacity to make their own choice - they are not inhibited by alcohol, drugs, mental health conditions, learning disabilities or their age. Moreover, an unconscious person does not the capacity to consent.

• Reasonable belief

  • In order to fulfil consent, you must have a reasonable belief that the other person whom which you are engaging in sexual activity with provides you with their consent.

There are clearly a number of elements to consider when obtaining consent to sexual activity, which can open a lot of questions (these will be followed up in my Sexual Violence Series, but please get in touch if you have any questions).

Below is an excellent acronym from Planned Parenthood which demonstrates that consent is as easy as FRIES.

https://www.plannedparenthood.org/learn/relationships/sexual-consent