Hello @Rishile
I'm guessing that this is related to the incident in your husbands previous care home and the comments need to be considered in that light.
Yes, both men and women have to be able to consent for it to be legal. I think the best analogy is that of a 15 yr old boy or someone who is drunk. The body may respond, but the mind does not have sufficient capacity for the act.
Capacity is a slippery thing, but I'm sure that you kissing and cuddling would be OK so long as he didn't object
