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So even if you say yes to sex, a person who has sex with you can be charged with a serious criminal offence, jailed and placed on the sex offender register. A person does not freely agree to sex when: (1) submitting because of force or fear; OR (2) they are being restrained against their wishes; OR (3) they are asleep, unconscious or severely affected by alcohol or another drug; OR (4) mistakenly believing that the sex is for medical or hygienic purposes.