Homosexual Consent Law: Is It Different Than Heterosexual Consent?

Consent is not something to be taken lightly. It is an agreement between participants to engage in some form of sexual activity. Sexual assaults are at an all-time high and can come from anyone, be it a stranger, partner, friend or co-worker.

One way that sexual assault laws can seem confusing to people is when they are related to homosexuality. When modern law was first written. There was less consideration towards the LGBTQIA+ community, with many laws relating to sexual assault focusing on this being between a man and a woman.

Here is a brief guide to homosexual consent and if it differs from heterosexual consent.



Laws On Homosexuality

The death penalty for homosexuality was abolished in 1861 in England, but homosexual acts did not become legal until 1967 with the Sexual Offences Act of 1967 stating that homosexual men over the age of 21 could have sexual relationships in private. In 1994, this age of consent dropped to 18 and was further reduced to 16 at the start of the 21st century, bringing it in line with the legal age of consent for heterosexuals.

Consent & Homosexuality

Now that the age of consent is the same age for both homosexual and heterosexual couples, consent itself is virtually identical between the two. Consent is an agreement between participants to engage in some form of sexual activity. Note this is not just penetrative sexual activities, but the whole spectrum of activities including kissing and touching.

The best way to get consent is with a verbal cue, such as a yes. It should be clear and freely given, and if you are not sure a person has given consent, you should immediately stop what you’re doing until you have it. Non-verbal cues can reflect consent, such as eye contact, smiling and nodding, but the clearest way to express consent is verbal.

One thing that should be made clear is that consent can be given and taken away at any time. Just because someone has consented to something like a kiss, does not mean they have consented to other activities and can withdraw their consent at any time they see fit.

You should not assume you have consent with somebody just because you have previously engaged in a sexual act and involuntary physical responses are also not seen as indicators of consent.

Lefevre Litigation - Leading Criminal Defence Lawyers

If you have been accused of a crime where the issue revolves around homosexual or heterosexual consent, it is important to stay calm and seek out proper legal representation as soon as possible. Lefevre Litigation has plenty of experience in cases relating to sexual offences, helping clients who stand accused prove to the world that the charges are unfounded.

Being accused of a sexual offence is not something to be taken lightly, so get in touch with Aberdeen’s leading criminal lawyers today,