Capacity to consent - meaning and definition
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Definition
Capacity to consent is a person's ability to understand what they are agreeing to, weigh it up and communicate a decision freely at the time.
At a glance
- Means being able to understand, weigh up and communicate a decision at the time.
- Age, sleep, unconsciousness or heavy intoxication can remove capacity.
- Without capacity, apparent agreement is not valid consent.
- Having a disability does not mean lacking capacity.
- Legal tests for capacity differ between countries.
In detail
Someone may lack the capacity to consent because of age, being asleep or unconscious, heavy intoxication, certain disabilities or medical conditions, or being in a state of shock. Without capacity, apparent agreement is not valid consent.
Capacity is assessed moment by moment and is not the same as having a disability: many disabled people have full capacity to make their own choices about relationships and intimacy. Legal tests for capacity vary between countries.
In a sentence
- Someone who is asleep does not have the capacity to consent, full stop.
- The training explained that capacity to consent is judged at the moment, not in general.
Common questions
Can disabled people consent to relationships and intimacy?
Yes. Many disabled people have full capacity to make their own choices about relationships and intimacy. Capacity is about a person's ability to understand and decide at a particular moment, not about having a disability.
Can someone who has been drinking consent?
It depends on how affected they are. Someone who is heavily intoxicated may lack capacity. If it is unclear whether a person can make a real choice, the safe and respectful option is not to proceed.