What is יכולת ההסכמה?

Capacity is about the ability to make and communicate an informed decision; consent is the actual agreement given. Someone must have capacity in order for their consent to be valid.

Clear signs include unconsciousness or sleep, extreme intoxication, confusion, inability to communicate a choice, or being under severe coercion or threat. If you’re unsure, the safest action is to stop and check in.

Yes. A person may be capable at one moment and lose capacity later (for example, due to increased intoxication or sudden illness). Consent should be ongoing and can be withdrawn at any time.

Portray such situations responsibly: do not romanticize or excuse actions taken without valid consent, show consequences, and consider including alternative paths where characters seek help, delay intimacy, or explicitly obtain informed consent later.