What is consent?

The law

In terms of sex, consent means that anyone taking part in sexual activity is doing so willingly and by choice.
The Sexual Offences Act 2003 states that someone consents to sexual activity if they:

  • Agree by choice and
  • Have both the freedom and capacity to make that choice.

If anyone is forced or pressured into any type of sexual activity that means they have not given their consent.

The age of consent in the UK is 16.

The myths

If someone doesn’t say no they are giving consent
This is untrue. Someone being silent does not mean they are consenting to sexual activity. You can never assume consent. Sex without consent is rape.

When someone is drunk or under the influence they can still give consent freely even if they’re near, or at the point of passing out
This is untrue. People must have the capacity to give consent. Being passed out for any reason does not imply consent. Sex without consent is rape.

It’s ok to assume consent when someone wears revealing clothes
This is untrue. You can never assume consent based on what someone is wearing. Clothes can’t give consent. Sex without consent is rape.

I’m in a relationship, or married, so my partner has to have sex with me
This is untrue. Being in a relationship does not mean that you are entitled to have sex with your partner whenever you want. Your partner has to consent each time. Sex without consent is rape.

We have had sex before, it’s a given that we will do it again
This is untrue. You can’t assume consent based on a past experience. You must get consent each time. Sex without consent is rape.

Men don’t get raped
This is untrue. Sexual violence affects all people and genders, including men and boys of all sexual orientations. Rape is about power and control for perpetrators.

Support

Lancashire Victim Services

If you have been raped or sexually assaulted, we are here to support you.

Nobody has the right to attack you or make you do things you don’t want to do. Please remember that what happened wasn’t your fault and that you are not to blame for what another person did to you.

Our specialist teams supports children (aged 8+) and adults of any gender, whether the incident happened recently or is something that happened in the past.

We can provide practical help and emotional support to anyone who has been raped, sexually assaulted or abused at any time in their life. It doesn’t matter whether the crime has been reported to the police, we can support you either way.

We will respond sensitively to your needs and will support you at your pace. Your adviser will work with you to find out what kind of support you need and will help you find the best way forward.

You can chat with us online through this website, you can email info@lancashirevictimservices.org or you can call us on 0300 323 0085.

The SAFE Centre

The Lancashire SAFE (Sexual Assault Forensic Examination) Centre provides forensic examinations, advice and comprehensive support services for women, men and children of all ages who make a complaint of rape or sexual assault.

The Centre is the country’s first purpose-built centre combining forensic and medical care for complainants of rape and sexual assault and opened at Royal Preston Hospital in July 2002.

The Centre offers services to all individuals of Lancashire and is a joint initiative between the Royal Preston Hospital and Lancashire Constabulary.

Find out more or contact the Safe Centre.