"According to section 74 of the Sexual Offences Act 2003, someone consents when she or he "agrees by choice…and has the freedom and capacity to make that choice." That’s a clear definition. And there are some equally clear examples of when someone doesn’t have "freedom" or "capacity" to agree by choice or to "consent". For example: if someone is under the age of 16, they don’t legally have the capacity to consent to sex. If someone is asleep or unconscious, they don’t have the capacity to consent. If they’ve been kidnapped or held against their will, they don’t have the freedom to consent."