Sexual Offences: How To Give & Get Consent

In 2020, the Crime Survey for England and Wales estimated that there were 773,000 adults who were victims of sexual assult during the previous year. A vast majority of these involve unwanted sexual touching. While it can be from a stranger, many instances of sexual assult occur from known partners or people the victim knows. Many times interactions with somebody can turn into sexual assualt without realising so it is important to think about consent.

You should be able to know how to give consent, and recognise when you are receiving consent from another person. Lefevre Litigation has put together this guide to consent to help educate people on issues involving sexual offences.

What Is Consent?

Consent is an agreement between participants to engage in some form of sexual activity. Consent is something that should be clearly and freely indicated. This helps to stop issues surrounding sexual assault in it’s tracks. A verbal cue is the best way to give consent, such as a simple yes.

Asking permission is also a great way to make sure consent is maintained throughout an activity and explicitly agreeing to something occuring. Details such as smiling, eye contact and nodding can reflect consent, but are non-verbal so do not necessarily reflect it. Asking is the best way.

It should be noted that consent can be given and taken away at any time. You can withdraw consent if you’re uncomfortable or want the activity to stop. Sometimes this may be difficult to express verbally, so body language is also an ideal way to do this.

What is Not Consent?

Refusing to acknowledge when somebody is saying no is not consent. You cannot assume someone is consenting because of flirting or wearing certain clothes. A person being kissed is not consent for anything else that may occur. If someone agrees to sexual activity due to intimidation or threat, this is no consent, as it was not given freely.

You should not assume you have permission just because you have previously engaged in a sexual act. Someone who is incapacticated by drugs or alcohol cannot consent, as well as someone being under the legal age of consent. Involuntary physical responses can occur during a sexual act or assualt, but are not indicators of consent.

No means no, and this should not be forgotten.

Sexual Offences Defence Attorney Aberdeen

If you’re accused of a sexual offence, it can be a deeply troubling occasion, especially if the charges are unfounded. The first inclination can be to panic or be angry, but staying calm and finding proper representation as soon as possible is essential.

Lefevre Litigation has years of experience working on sexual offence cases, so get in touch by emailing gjk@lefevre-litigation.com to book an appointment with Aberdeen’s leading criminal lawyers.