Gender-Based Violence > Rape, Incest and Sexual Assault > Rape > When Does a Person Consent to a Sexual Act?
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When Does a Person Consent to a Sexual Act?

A person consents to a sexual act when they willingly and without force or pressure engage in a sexual act with another person. A person can indicate that they do not want to engage in a sexual act verbally, through body language or in another way that tells the other person that they do not want to engage in the sexual act.

A person has not consented to a sexual act if:

  • They agreed to a sexual act with somebody because they were afraid of what the other person would do if they did not agree to the sexual act. For example, the person threatens to hurt or harm children or kill the person if they do not engage in the sexual act.
  • They agreed to a sexual act but did not know that they were agreeing to a sexual act. For example, Mary agrees to allow a medical doctor to touch her breasts and vagina not knowing that it is not necessary for him to touch her in order to find out whether she has a heart problem.
  • He/she was under the influence of drugs or alcohol.
  • He/she was unconscious or sleeping.
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