Sex and the law – what you need to know
There are 3 things a person must be before they can give consent:
the right age:
They must be old enough to make sexual decisions.
must be sober:
If someone is drunk, stoned or out of it their ability to make decisions is impaired. So they’re not able to give consent.
mental and physical ability:
A person has to have the mental ability to make decisions and the physical ability to communicate their desires
Why do people agree to have sex if they don’t really want to?
The legal definition of CONSENT = Free Agreement
The law says it’s not really “free agreement” if:
1. They say yes because of force, fear or fraud
2. They say yes because of the fear of harm to themselves or someone else
3. They say yes because of being unlawfully detained
4. They are asleep, unconscious or so affected by alcohol or another drug that they are incapable of freely consenting
5. They are incapable of understanding the sexual nature of the act
6. They are mistaken about the sexual nature of the act and the identity of the person
7. They are mistaken in the belief that the act is for medical and or hygienic purposes