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Consent can be withdrawn by either party

On Behalf of | Feb 4, 2025 | Criminal Defense

One of the most important aspects of a sexual encounter between two people is consent. If one party does not give consent, it can lead to criminal allegations such as sexual assault, harassment or even rape. Conversely, obtaining consent upfront helps protect against these allegations, as it confirms that both parties are on the same page regarding their intentions.

One area where people sometimes get into trouble is forgetting that consent can always be withdrawn. Simply because it has been given once does not mean it applies indefinitely. If someone decides they are uncomfortable or changes their mind, they can withdraw their consent, and no further contact should occur.

How this could lead to criminal allegations

For example, suppose two people meet at a bar. They have been drinking and agree to go back to one person’s apartment. However, once they arrive, one party begins to sober up and decides they no longer want to proceed.

If the other party continues anyway, possibly using force, they may later claim they believed they had consent—after all, that was the reason they brought the person back to their apartment in the first place. While this reasoning may seem logical to them, the fact that consent was withdrawn changes everything and opens the door to criminal accusations. If the activity does not stop immediately, prior consent does not absolve them of potential charges.

Criminal defense options

Being accused of sexual assault can have a significant impact on a person’s future. A conviction could lead to jail time and registry on the sex offenders list. Those facing such serious allegations must understand their legal defense options at this time.