Capacity, alcohol and drugs
Consent needs a person to be able to understand what is happening and make a decision about it. That ability is called capacity.
When capacity may be absent or reduced
- A person is asleep or unconscious.
- A person is significantly affected by alcohol or drugs.
- A person has been given something without knowing.
- A person cannot understand what is being proposed, or cannot communicate a decision.
- A person is being coerced, threatened or pressured, so any agreement is not freely given.
There is no simple number
There is no drink count, unit total or blood level that neatly separates capacity from its absence.
It depends on the person and the circumstances, which is exactly why a cautious approach matters: if you are unsure whether someone is able to make the decision, stop.
What CSent can and cannot do
CSent cannot assess capacity, sobriety or state of mind. It only records the choices people made in the app.
A CSent record does not show whether someone had capacity at the time.
Where a legal interpretation matters, seek advice from a qualified professional.
General information only, not legal or medical advice. If you are worried about a specific situation, speak to a professional or a specialist support service.