Capacity to Consent

Last Updated: April 30, 2019

Share this:

Definition - What does Capacity to Consent mean?

Capacity to consent refers to an individual's ability to understand, make, and communicate decisions about sexual activity. Examples of people who lack the capacity to consent include children, people with certain (but not all) mental and developmental handicaps, intoxicated people, and people who are unconscious. Some of these people may seem to be consenting, but because they lack the ability to undertand the implications and consequences of the situation at hand, they do not have the capacity to consent.

Kinkly explains Capacity to Consent

Capacity to consent is a concept that is overlooked when sexual education focuses heavily on "no means no" as the standard for consensual sexual activity. That standard assumes that anyone not saying "no" is okay to engage with sexually.However, true consent needs to come in the form of a "yes" from a person who has the mental capacity to understand what is going on.

Do you need ideas for your next steamy scene? Take our quiz to get a personalized scene built just for you!

If you're just tipping your toe into the world of BDSM, you may be unsure where to even start when it comes to planning out a scene.

We made this quiz to provide you with your next, or first, BDSM scene based on your own tastes and desires!

Email Newsletter

Join thousands receiving hot new sex related articles, goodies, and great deals.