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Failing To Procure Your Partner's Consent Could Leave You Facing Sexual Assault Charges

On Behalf of The Foley Law Firm | June 24, 2021

The #MeToo movement that swept across the U.S. in 2017 shed light on how women often find themselves victims of unwanted sexual assaults. The movement resulted in victims calling out their abusers, ultimately resulting in some of their convictions.

What emerged from these victims' accounts of what happened to them is an increasing focus on the importance of individuals procuring their partner's consent before engaging in any sexual acts with them. People can face criminal charges because someone says they failed to procure their consent for sexual activity.

There's no such thing as someone dropping hints that they want to engage in sexual activity. You must verbally ask them to confirm that this is what they want.

A partner's consent is completely revocable

Consent isn't an open and shut matter, though. It's instead a fluid one. You may have a partner who initially consents to engage in sexual activity and then decides they want to stop after giving it some additional thought. Your partner can rescind their consent to engage in sexual activities at any point, whether it's a little after initially agreeing to do something or at any point in the process.

There's also no obligation for someone to engage in sexual activity with their spouse simply because they are married. Spouses also have a right to consent to sexual activity and rescind that consent at any point.

There are instances in which you may have procured consent and still find yourself facing criminal charges. You may need to have a defense strategy that will rival the prosecution's assertions that you failed to procure consent in your case. Experienced legal guidance can help.

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