Sex that is never an act of free will
There are situations, according to the law, when a person can never be considered to have participated consensually in a sexual act. In the following situations, it is always a crime to carry out a sexual act with another person. It doesn’t matter if the person has previously said or showed that they wanted to participate.
- Assault, violence or threats
If a person participates in a sexual act after having been subjected to assault, violence or threats, for example if the perpetrator hits the person or holds them down by force. Another example is if the perpetrator threatens to spread nude images of the other person.
The person being violent or threatening does not have to be the one carrying out the sexual act on the victim for it to be considered a crime. This is the case, for example, when a person buys sex from someone who is only participating because they have been subjected to violence or threats,or is otherwise in a situation that means that participation cannot be an act of free will.
- Particularly vulnerable situation
If the perpetrator takes advantage of another person who is in a particularly vulnerable situation, such as under the influence of alcohol or drugs, has a disease, an injury or a mental disorder.
Another example is if a person is very afraid from being in a certain situation. Sometimes, such fear can make the person paralysed, a state called “frozen fright”.
If the perpetrator grossly takes advantage of the fact that another person is dependent on them. This may apply to, for example, a teacher and a pupil or a manager and an employee.