What is Consent?

Consent happens when all people involved in any sexual activity agree to take part by choice and when they have both the freedom and capacity to make that choice.

Everybody has the right to not agree to any type of sexual activity.

Everybody has the right to change their minds at any time either before or during the sexual activity.

Everybody has the right to consent to doing one sexual thing with someone but not another.

Everybody has the right to consent to a sexual activity one day but then not consent on a different day.

The legal definition of consent is when someone agrees to sexual activity by choice and also when they have the freedom and capacity to make that choice.

Freedom means that they have not been manipulated, forced, threatened or pressured into any sexual activity.

Having capacity means they are not drunk, asleep, drugged or unconscious or of an age where they do not have capacity.

Under 13 years of age: The law also states that anyone who is under the age of 13 can never consent to any form of sexual activity regardless of the circumstances. Any sexual activity with anyone under 13, will always be classed as a crime.

13-15 years of age: The law is there so it can protect children and young people. The law is not used to prosecute anyone under the age of 16 who takes part in consensual sexual activity with other people of a similar age. For example, if two 15-year-olds have consensual sex or sexual activities.

16-18 years of age: Although the age of consent is 16, the law does have some extra protections in place for young people who are aged 16 and 17. The law states that it is illegal for someone to:

• Take a photograph or video of someone who is aged under 18 engaging in any sexual activity (for example a sext).
• Have a photo or video or distribute that photo or video to others of someone who is under 18.
• Pay for sexual services from someone who is under 18.
• Take part in any sexual activity with someone who is under 18 if you are in a position of trust (for example, their teacher, step-parent, foster carer, social worker, doctor, police officer care worker).