'Enthusiastic consent' explained as CPS shares important distinction ahead of Freshers' Week
Warning: This article contains discussion of rape which some readers may find distressing.
As thousands of students prepare to head to university for Freshers' Week, the Crown Prosecution Service (CPS) has shared a key message about consent.
Speaking exclusively to Tyla, Siobhan Blake, CPS National Lead for Rape and Serious Sexual Offences, explains what consent means in law, how it can change during a sexual encounter and why students should never assume someone is consenting.
While 'enthusiastic consent' is increasingly used when talking about healthy sexual relationships, Blake stresses that it is not itself a legal term.
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"I think the first thing I've got to say is enthusiastic consent isn't a legal term," she says.
"But I think what the intention behind the term is, it seems to be just to be a good guidance or descriptor about the type of environment that you want when you embark on a sexual encounter with someone."
Many UK universities are celebrating Freshers' Week this September (Getty Stock Images)
What does consent mean in law?
Blake says consent is based on two key principles: freedom and capacity.
"What consent means from a legal perspective is that all parties have the freedom to consent," she notes.
"You've got to consent by choice; you shouldn't be forced or manipulated into consenting."
Consent also has to be ongoing, as agreeing to one sexual activity does not mean agreeing to another, and someone can change their mind at any point.
"You are entitled; you can agree to something and then in the moment decide that is not something you want to continue agreeing to, and you can say stop," Blake adds.
"At that point, the law is very clear: you have withdrawn your consent, and the activity must stop."
Being in a relationship, having had sex before or agreeing to one sexual act does not provide ongoing consent.
"You cannot provide somebody with, if you like, ongoing consent over your body," Blake continues. "You are the only person who has the right to say if you want to embark on sexual activity."
Siobhan Blake, CPS National Lead for Rape and Serious Sexual Offences, explains what consent means in law, how it can change during a sexual encounter and why students should never assume someone is consenting (Crown Protection Service)
What does enthusiastic consent look like?
In practice, Blake says it means communicating, checking in with your partner and paying attention to what they are saying and how they are responding.
If someone says no or asks you to stop, consent has been withdrawn.
But it's important to note that there can also be situations where someone does not verbally say no.
"If somebody stopped responding or has frozen, you should be very alert to the fact that they're not consenting at that point," Blake explains.
"If you're unsure at any time about whether somebody is consenting or not, check in with them, have the conversation."
Her advice is straightforward if there is uncertainty: stop.
"If you're that unsure, then stop," she says. "There's no reason why you have to continue in a situation where you're uncomfortable, and you should be uncomfortable if you're not certain you've got the consent of your partner."
What about alcohol and drugs?
Freshers' Week is often associated with drinking, which makes understanding capacity particularly important.
"If somebody is so affected by alcohol or drugs that they don't have the capacity to make a free and informed choice, then they cannot consent to sexual activity," Blake states.
She also stresses that people should pay attention to the wider situation rather than relying solely on someone saying the word 'no'.
"Everybody's responsibility in a sexual encounter is to check that everyone is comfortable and understands what is happening," she adds.
Someone who is asleep cannot consent either: "Obviously, and it should go without saying, but if someone is asleep, they cannot consent.
"You cannot consent to something when you're not aware it's going on."
Common myths about rape
Blake explains that misconceptions about rape remain, including the belief that someone must physically fight back for an offence to have taken place.
Research by the CPS and Equally Ours in 2024 found that only half of 18 to 24-year-olds recognised that someone can still be raped if they do not resist or fight back, according to Blake.
People can respond to traumatic situations in different ways, including fight, flight or freeze.
"There are all these complexities to a trauma reaction," Blake says, also highlighting the misconception that rape is usually committed by a stranger in a public place.
"In reality, most rapes are perpetrated by somebody who is at least an acquaintance of the victim," she said.
"Sometimes they can be a very close friend or indeed family member."
What should students remember?
Blake's advice to students heading to university is to understand what consent looks like and be prepared to communicate.
"I think it's understanding what consent looks like," she says. "So that it means that you have the freedom and capacity to consent and be the person who checks in."
"Be the person who's comfortable in saying no and walking away."
Her wider message is about looking after one another: "Be kind to each other, be respectful of each other's environments and wants and wishes."
For anyone who thinks they may have experienced sexual assault but is not ready to report it, Blake outlines that support is available through organisations including Rape Crisis, Victim Support and Survivors UK, as well as sexual assault referral centres, which are sometimes referred to as SARCs.
Anyone can attend a Sexual Assault Referral Centre in their area, as these can provide support and advice.
And there is no time limit in England and Wales preventing someone from reporting a rape years after it happened.
"Time is no bar to a case being prosecuted, and if you were the victim of an offence many years ago and you now feel ready to come forward then please I'd urge you to come forward," Blake concludes.
"There is nothing in law to stop you."
If you have been affected by any of the issues in this article and wish to speak to someone in confidence, contact the Rape Crisis England and Wales helpline on 0808 500 222, available 24/7. If you are currently in danger or need urgent medical attention, you should call 999.
Topics: Tyla Exclusive, Crime, Police, Life, Sex and Relationships
Rhiannon Ingle