Consent is a widely discussed topic with ever growing issues of what consent means. On face value it appears quite simple, Yes or No. However, this is often not the case.
There are many forms of consent, although in criminal law we predominantly deal with only a few.
- Explicit Consent
I agree to/with ….. This is a knowing and conscious expressed agreement to partake in an activity - Implied Consent
Whilst not explicitly given, a person’s actions or lack of would suggest whether they are consenting to an action or activity. - Revocable consent
This type of consent can be given and taken away at any point.
Having looked at the types of consent most commonly used, why is consent important?
Consent is in a nutshell one person giving another person permission to do something. If you do not have permission, you cannot do!
What happens when you did have permission and someone revokes it? The short answer is to stop whatever action you are doing immediately.
Failure to stop committing the action could lead to an offence being committed, and could result in you needing to seek legal advice.
Explicit and revocable consent are easier to navigate and most importantly are CLEAR instructions. Consent is either given or it is not or in some cases revoked after granting.
A grey area is when consent is implied. Someone may not say the phrase I consent, but their actions may lead you to believe that they are willing participants in the activity. Body language can often tell you about how someone feels, for example if someone is pulling away and not reciprocating- it is safe to assume that there is no consent or it has been withdrawn.
Equal engagement is likely to assume that consent is granted.
You should think carefully whether the person has the capacity or capability to grant consent. You need to reasonably believe that the person is consenting through actions or words and has capacity to do so.
If you have any concerns regarding consent or the law surrounding this and are asked to attend the police station for interview or Court, please contact us on 01702 338338 for more information.
