The importance of gaining consent

On Behalf of | Sep 15, 2022 | Criminal Defense

Talk about consent has increased in recent years, allowing more people to understand its importance and what may happen to individuals who do not receive the appropriate consent.

After all, the law considers sex without consent as a form of sexual assault or rape. Thus, it is important for everyone to understand proper consensual practices in order to avoid such charges.

What is consent?

Planned Parenthood goes into detail on the important subject of consent for sexual activities. First, it is important to note that consent must happen while both parties are in a sober state of mind. When someone is in an impaired state, such as drunk or under the influence of drugs, they do not have the ability to give informed consent.

Getting consent every time

Next, consent must happen before every sexual act. Even if one person gave their consent to sexual activity in the past, it does not serve as blanket consent for all sexual acts, nor does it cover any act that may happen in the future. A person must gain the consent of their partner every single time.

Remember FRIES

FRIES serves as an acronym to remember all parts of consent. First, it is freely given without manipulation or pressure. It is reversible, too, meaning a person can take back their consent at any time. It is informed, i.e. a person has the full story before agreeing, such as knowing their partner’s sexual health. It is enthusiastic, i.e. only what someone wants to do, rather than something they feel expected to do. Finally, it is specific. In other words, saying yes to one specific act is not a blanket okay for everything.

Those who do not gain consent could face charges of sexual assault or rape, which can have a serious impact on a person’s life.