Written by Peter Fisher – v2lawblog
A quick guide to see if you are having consensual sex
Sexual offences are defined under the jurisdiction of the Sexual Offences Act 2003 which states all the do’s and do not’s in relation to sex, consent, and rape.
Section 74 of that act states that “a person consents if he agrees by choice, and has the freedom and capacity to make that choice.”
Here is a consensual sex check list:
Both parties are over the age of consent – If you are under 16 even if you agree to a sexual act you cannot give your consent.
Both parties consent to the act – Consent does not have to be verbally stated, i.e. saying yes prior to a sexual act as long as consent is apparent. Shouting, no, or attempting to resist someone is not a sign of consent. Consent only applies to one particular act at a time and cannot be taken as general consent to future sexual acts.
Both parties are not fraudulent as to their identity – Impersonating someone known to a person to whom you engage in a sexual act with will be conclusively presumed to be rape by a court.
There is no abuse of position – Abusing a position of trust or authority, such as a doctor during a physical examination will be conclusively presumed as rape by a court.
There is no intentional deception – Any deception as to the nature of a sexual act, such as maintaining that it is necessary in order to get a particular job you are being interviewed for, or as a substitute to paying the rent, Will be conclusively presumed as rape by a court.
Both parties are conscious – Sexual acts committed on a sleeping person is conclusively presumed to be rape. Please note, intoxication does not rescind consent, a person may still consent if they are drunk
If you can tick all of the points in bold then you may legally engage in a consensual act of sex. Enjoy yourself and remember: Be safe. Always wear a condom.
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