Sexual Consent

Sexual Consent

Definition

  • Sexual consent is a mutual agreement between two people to engage in sexual activity.
  • Each person should freely give their consent without feeling pressured or forced.
  • Consent is neither indefinite nor transferable and must be obtained for each individual sexual act.
  • Verbal communication should be clear and explicit. Never assume consent just based on someone’s appearance or behavior.
  • Understanding sexual consent involves recognising that ‘No’ means ‘No’ regardless of how it’s said.
  • If someone is unable to give consent due to being intoxicated, unconscious or mentally incapacitated, then proceeding with sexual activity is illegal.
  • People have the right to withdraw their consent at any time during a sexual activity.
  • To give consent one must be of legal age, 16 in the United Kingdom.
  • Consent should be voluntary and enthusiastic.
  • Consent cannot be given if a person is feeling threatened, intimidated or coerced.
  • Checking for consent should be a mutual and ongoing conversation.
  • Engaging in sexual activity without consent is classified as sexual assault or rape, both are serious crimes.
  • Even if someone initially gives consent, they have the right to revoke it at any time. Continuing after consent has been withdrawn is a crime.
  • The UK law recognises that power imbalances, whether due to age, position, or state of mind, can affect the ability to give or withhold genuine consent.

Importance in Health and Social Care

  • Providers of health and social care services need to understand the importance of obtaining informed consent before carrying out any tasks touching on an individual’s personal or intimate care.
  • It’s also crucial to educate individuals within the care setting about their right to give, refuse or withdraw consent at any time.
  • Workers in health and social care should also be aware of the laws and regulations surrounding consent, as a breach can result in legal consequences.