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The basis of any sexual encounter should be clear and capable agreement.
Palo Alto Medical Foundation
The issue of consensual sex typically comes up only when there’s doubt about whether both people engaging in sex want it to happen. However, consent should be discussed whenever you’re thinking about a possible sexual encounter.
In fact, consent should be the basis for every sexual encounter. Engaging in a sexual act without the other person’s consent is considered sexual assault or rape.
Every act requires consent. Even if you’ve been kissing, that doesn’t mean you can’t say “no” to anything further.
Consenting means only that at this particular time, you would like to engage in this particular sexual behavior.
To determine if someone is giving consent, you must be able to answer two questions:
The easiest way to determine consent is simply to ask. This eliminates the uncertainty of guessing and trying to interpret signals.
Someone putting their hand on your hand might indicate that they like what you’re doing … or it might mean they want you to stop. The only way to be sure is to ask.
A person may also give consent nonverbally by actively engaging in the sexual act. Clearly, this implied consent is more difficult to gauge. So, if your partner seems to become more hesitant or uncomfortable, stop. Reassure your partner that you don’t want to do anything they don’t also want to do.
Above all, if your partner ever says “no” during sex or asks you to stop, you must stop immediately. Saying no should never be treated as a game or as a signal that someone is “playing hard to get.” Simply put, “no” means “no” in any sexual encounter.
Certain circumstances make it impossible for a person to legally give consent. These circumstances include:
Making sure that your partner consents to a sexual encounter is one of the most important parts of having a mutually satisfying and ethical experience. Check in with yourself and your partner often to make sure that you’re both comfortable with what’s happening, and respect each other’s feelings.
Your partner might consent to oral sex but not to sexual intercourse, or you might consent to genital touching on one occasion but not another. You always have the right to say no, and anytime either you or your partner says no, the other person must respect that decision.
Even though talking beforehand doesn’t mean that both people will consent later, it makes it more likely that you and your partner will understand each other’s values and feelings.
Finally, if you’re unsure what rights you have in a sexual encounter, such as the right to stop giving consent and end the encounter at any time, read Sexual Rights.
Last Reviewed: August 2019