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Can someone withdraw consent?

On Behalf of | May 9, 2022 | Criminal Defense |

Many people are accused of sex crimes when the other individual simply says that they never gave their consent for the activities to occur. Maybe they were never asked, maybe they were under the influence of drugs and alcohol, or maybe they specifically refused to give their consent.

As such, you know that one of the best ways to avoid legal charges is simply to ensure that you get consent first. This doesn’t have to be a written contract that the two of you sign, but you simply need to talk about it a little bit to make sure that both of you agree to what is about to occur.

But what if you do that, and then the other person tries to withdraw their consent later on? Are they able to do this, and does it put you at risk of being charged with serious crimes?

Consent can always be withdrawn

Yes, someone can always withdraw their consent, no matter what has happened in the past. They always have the right to decide that they no longer want to participate in the activity.

If you respect this and immediately stop, then you shouldn’t be at risk of facing legal charges for things that happened before they withdrew their consent. They can’t retroactively take that consent back simply because they regret it. But you could be charged if you don’t respect their right to remove their consent and you continue on with the activity. Even though they gave you consent initially, that no longer applies.

Are you facing serious charges?

Serious charges for sex-related crimes can change the rest of your life. If you face these charges for any reason, be sure you understand your legal defense options.