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When can people not give their consent?

In Aotearoa New Zealand, there are three situations in which people cannot legally consent to sex.

Click through the flip cards below to check out what these are:

But wait there's more: There are also other times when people cannot give their consent to do sexual stuff:

  • If someone is asleep or unconscious
  • If someone is so affected by an intellectual, mental or physical condition or impairment that they are unable to communicate their consent or refuse consent.
  • If someone does sexual stuff because they are mistaken about the other person’s identity.
  • If someone does sexual stuff because they are mistaken about what sexual stuff will be happening. For example, if someone gives their consent to vaginal sex but then anal sex happens without their consent.

Remember that this is not all of the times that someone cannot give their consent to do sexual stuff, but this is what the Crimes Act 1961 Section 128A says about consent. 

So make sure you have consent and everyone can enjoy their sexual experiences.