Consent

In sexual assault cases the primary defense centers on consent. The following are some defenses to a charge of sexual assault:
"It wasn't me."
"It didn't happen."
"I'm not responsible, it was an accident."
"Yes we had sex, but it was consensual."

A common defense of a person accused of committing sexual assault is that he had "an honest belief" that she did consent.

In cases of acquaintance sexual assault, the defense of consent is more likely to succeed than sexual assault by a stranger. The better two people know each other the easier it is to believe that the encounter was consensual.
Both persons must agree to have sex for it to be legal sex.

Consent cannot be given when:

  • one person submits because the accused threatens or uses force.
  • one person submits to sex because the accused threatens or uses force against a third person.
  • lies are used to obtain consensual sex.
  • a third party says yes for someone.
  • a person is under the influence of drugs or alcohol.
  • a person engages in sex because an accused has abused a position of trust, power, or authority.
  • the person expressed in words or conduct a lack of agreement, for example saying "Not now" or leaving the room.
  • the person is a blood relative.
  • the person revoked agreement (changed her/his mind).
  • one person is under 16 and the other more than 2 years older.
  • both people are under 16 with less than 2 years between them, but the older person is in a position of trust or dependency (baby-sitter).
  • one person is 16 or 17 and the older person is in a position of trust or authority.
  • Someone is sleeping or is unconscious

What Men Can Do To End Sexual Violence
Men's Pledge To End Violence
Why Men Should Be Concerned
When Men Are Sexually Assaulted