Sexual consent doesn’t have to be complicated. It just has to happen before you begin any sexual activity. Consent can be given verbally or through actions and can be withdrawn at any time. It’s important to note that consent isn’t the same as agreeing to do something; it’s agreeing to do something while communicating clearly with your partner along the way. This guide from the leading criminal lawyers in Sydney answers some common questions about sexual consent.
How Can I Tell if Someone Is Consenting to Sex?
It can be difficult to tell whether someone is consenting to sex or not, but it’s important that you take the time to figure out what they want. One way to do this is by asking them. For example, you could say something like do you want to ____? And then fill in the blank with a word like have sex or kiss. If someone says no, stop and check in again before proceeding.
Can a Person Change Their Mind About Consenting to Sex?
Yes, a person can change their mind at any time about consenting to sex. If a person changes their mind, they should speak up and tell the other person that they no longer want to have sex.
A person should also get away from the situation as quickly as possible if they feel unsafe. They can withdraw consent by saying no or stop.
If someone does not say anything but simply moves their body in an effort to get away from the sexual activity, it is still considered a withdrawal of consent. It is never okay for someone to force someone into having sex against their will.
Is It Still Considered Consent if They Don’t Say No?
To consent to sexual activity, you have to actively and freely say yes. It doesn’t matter if they don’t say no, or if they give in because you’re too persistent. According to criminal lawyers in Sydney, silence is not consent. In other words, the absence of a no does not mean that yes is implied. Always get verbal permission before initiating any type of sexual activity.
How Can I Ask for Sexual Consent?
Here are some ways to ask for consent:
- Can I kiss you?
- Is it okay if I take my pants off?
- Would you like me to go down on you?
- May I touch you here?
What Does the Law State About Sexual Consent?
According to the criminal law in Sydney:
- It’s not consent if a person did not say no.
- Even if a person consented to one activity like kissing, you should still seek consent for other activities like oral sex or anything else.
- Removing the condom without asking your partner is not consent.
- Asking for consent is necessary before having sex with a person every single time.
- It’s not consent if a person did not physically resist you.
It’s important to make sure you and your partner(s) are both consenting to any sexual activities that take place. Of course, sex isn’t the only activity where consent is important. It’s also crucial in other intimate encounters, like hand-holding or kissing. If you have more questions, talk to the criminal solicitors in Sydney today.