GGC - Sexual Health - Supporting Adult Service Users with Relationships, Sexual Health and Sexual Wellbeing - IN DEVELOPMENT
Consent is a clear and voluntary agreement to engage in any activity. It is a fundamental aspect of healthy relationships and is required in all sexual activity. Consent must be freely given, informed and can be withdrawn at any time. It cannot be obtained through pressure, manipulation or coercion.
In the UK the legal age of consent is 16, regardless of gender or sexual orientation. This age rises to 18 for any individual who is in a position of trust in relation to another person e.g support worker, social worker, teachers, youth workers.
The Sexual Offences (Scotland) Act 2009 defines consent as “free agreement”.
If consent is not given, any sexual activity is illegal. This includes cases where an individual is unable to give consent due to intoxication, unconsciousness or any other vulnerabilities.
Free Agreement is not present when:
- Someone is incapable because of drink or drugs
- There is violence or threat of violence
- Someone is unlawfully detained
- Someone is deceived as to nature of activity
- Someone thinks person they are having sex with is someone else
- Sexual activity is agreed to by a third person
- Someone is asleep or unconscious
Related Topics: Sex and the law, Sexual assault and rape, Personal space and boundaries
What should I do if I'm worried about someone's non-consensual experiences?
Information and advice on how to report concerns about an adult is available via your local adult protection web pages below:
Other information
NHS Inform: Sex and the law 