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Consent is a term used in Scots Law to describe both or all people involved in sexual activity giving their agreement to willingly participate in sex. Only people over the age of 16 are able to consent to sex.

The law describes consent as being “free agreement” which means given in circumstances where there is no coercion involved. The law in Scotland also describes situations where free agreement has not taken place.

Free agreement cannot take place when:

  • An individual 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 the person they are having sex with is someone else
  • Sexual activity is agreed to by a third person
  • Someone is asleep or unconscious.