As defined under the Sexual Offences (Scotland) Act 2009.
- To give consent you must agree by choice and have the freedom and capacity to make that choice.
- If the victim is unaware of what is occurring, through drink, drugs, sleep, age or mental disability they may be incapable of giving valid consent.
- If the victim only consented due to being threatened by violence, consent would not be valid.
- If the victim was unlawfully detained or lied to regarding the nature of sexual conduct, consent would not be valid.
- If the victim was deceived as to the identity of the person with whom the incident occurred then they are unable to give consent.
- Consent can be withdrawn any time during the encounter. If a person withdraws consent and the encounter continue then it would constitute sexual assault.
- Being in a relationship or having had a consenting sexual encounter before does not automatically provide consent for other sexual encounters.
Still confused?
If you're struggling with understanding consent, just imagine that, instead of initiating sex, you're making someone a cup of tea.
Click the below image to watch Tea Consent on YouTube.
