Sexual Offences Act 2003
2003 CHAPTER 42
Commentary on Sections
Part 1: Sexual Offences
Section 74: "Consent"
139.Section 74 defines "consent" for the purposes of this Part. This definition is relevant to many sections in the Part including, for example, the offence of rape (section 1). The section refers to a person’s capacity to make a choice. A person might not have sufficient capacity because of his age or because of a mental disorder.
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