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What counts as a clear yes: a consent checklist


A clear yes is freely given, sober, specific and still current. You need it at the start, and again when things change.

4 minute readUpdated 2026-09-30

Two people on a date

A clear yes is freely given, sober, specific and still current. That means a person says or shows they agree to one activity, right now, and means it: no pressure underneath, no one too drunk to think straight, no assuming silence means yes.

Said or shown clearly

Consent starts with a signal. [In Queensland, affirmative consent means everyone involved says or does something that asks for agreement, and the other person signals back 1. It can be words. It can be clear conduct.

Do not read silence as yes. Do not read a lack of no as yes. If you are unsure whether someone wants this, ask. If they have not said or shown a clear signal, the answer is not yes yet.

I'd like to kiss you. Is that okay?

One sentence. Clear. It gives them room to say what they think without guessing.

Freely given, without pressure or threat

[Consent must be freely given, without pressure, coercion or threats 2. That means no one made them feel unsafe saying no. No one implied they owed you anything. No one abused a position of power to get them to agree.

Pressure can be loud. It can also be quiet: a long silence after they say no; a list of reasons why they should agree; reminders of what you paid for or what you promised. If you have to persuade someone into it, they are not saying yes freely.

If someone you are dating says no to something, respect it the first time. Do not ask again that night, or ask in a way that makes them feel they have to reconsider.

Given by someone sober

Someone who is asleep, unconscious or so intoxicated they cannot think straight cannot consent. [NSW law is clear: a person cannot consent if they are so intoxicated they cannot choose or refuse 3. The same applies if they are asleep.

This matters when you are both drinking. Tipsy is different from drunk. You know the difference in your own body. If someone else is drunker than you, if they are slurring or losing track of time or saying the same thing over and over, they are too drunk. Do not move forward.

Specific to this activity

Consent to one thing is not consent to another. Someone might want to kiss you and not want sex. Someone might want sex with a condom and not without. The activity changes: consent is not automatic. You ask again.

[In Australian law, consent to sex with a condom is not consent to sex without one 1. Someone who agrees to this does not agree to that. Each change in activity, each change in the terms, needs a new yes.

I want to do something different now. Are you still okay with this?

Say it. Check.

Checked again when circumstances change

[Consent is not a one-time agreement. You need it each time, and you need it again when the situation changes 3. If you had sex yesterday, that does not mean yes today. If you agreed to something when you thought you had an hour, and now you have twenty minutes, check again.

The clearest agreements also change. If someone is tired, or sick, or in a different mood, the yes they gave yesterday might not hold today. Ongoing communication means you ask again before you assume.

Withdrawn the moment they say or show otherwise

[Canadian law says clearly: there is no consent where a person says or shows they do not agree, or where they withdraw agreement during the activity 4. The moment someone changes their mind, the agreement is over. Stop.

Someone might say yes and then change their mind halfway through. They might freeze instead of saying no. They might push your hand away. These are signals. Respect them. Do not keep going because you think they did not mean it, or because you are close to finishing.

The person with whom you are setting boundaries is the expert on what feels right for them. If they say no or show they are uncomfortable, you stop. Full stop.

You might be the person who pays, who plans, who moves first in the dating arrangement. That power is real, and it makes consent matter more, not less. Someone might feel unsafe saying no to you because you hold the resources they came for. That does not mean they are saying yes freely.

For generous members, understanding consent is about being the kind of partner people want to see again. It is about showing respect even when you could push. A clear yes means both of you chose what happened, and both of you can trust each other after.

How to move forward

Ask in the way that feels natural to you. Some people say it out loud. Some people check in with a look or a pause. The form does not matter. What matters is that the answer is clear, the person is sober, the activity is specific, and you are ready to stop if they change their mind.

If you are nervous about asking, remember: a person worth being with is relieved when you do. They like knowing they can trust you. They like that you checked. The best partners are the ones who want you to be sure.

If you are ever not sure whether you have a clear yes, the safest choice is to wait until you do.

Sources

  1. Queensland Government (2024). Consent laws in Queensland.
  2. Devon Sexual Health (NHS) (2026). Consent.
  3. NSW Communities and Justice (2022). Affirmative consent becomes law in NSW.
  4. Department of Justice Canada, Policy Centre for Victim Issues (2026). A Definition of Consent to Sexual Activity.