Consent
How Do You Know You Have Consent?
Consent requires knowing, voluntary and clear permission by word or action, to engage
in mutually agreed upon sexual activity. Each party has the responsibility to make
certain that the other has consented before engaging in the activity. For consent
to be valid, there must be, at the time of the act of sexual intercourse or sexual
contact, actual words or conduct indicating freely given agreement to have sexual
intercourse or sexual contact. A person cannot consent if he or she is unable to understand
what is happening or is disoriented, helpless, asleep or unconscious for any reason,
including due to alcohol or other drugs. An individual who engages in sexual activity
when the individual knows, or should know, that the other person is physically or
mentally incapacitated has engaged in nonconsensual conduct. Intoxication is not a
defense against allegations that an individual has engaged in nonconsensual sexual
conduct. Sex without consent is sexual assault.
Consent Is:
- clear affirmation (words, actions) that create mutually understandable permission
- voluntary
- given for each sexual act during an encounter and for each encounter
Consent Is Not:
- silent
- passive
- a lack of resistance
- given while unconscious or incapacitated
- transferable — you need consent every time
An interesting breakdown on what it really means to have consent.
Why Sexual Consent Is Just Like Offering Someone A Cup Of Tea
An interesting breakdown on what it really means to have consent.
What is Consent from Campus Clarity