Sexual Misconduct Prevention

What is Consent?

Consent is defined as a positive, unambiguous and voluntary agreement to engage in specific sexual activity throughout a sexual encounter.

• Consent cannot be inferred from the absence of a “no”; a clear “yes”, verbal or otherwise, is necessary.
• Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply present or future consent.
• Consent must be ongoing throughout a sexual encounter and can be revoked at any time.
• Consent cannot be obtained by threat, coercion or force. Agreement under such circumstances does not constitute consent.

Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs or some other condition. A person is mentally or physically incapacitated when that person lacks the ability to make or act on considered decisions to engage in sexual activity. Engaging in sexual activity with a person whom you know – or reasonably should know – to be incapacitated constitutes sexual misconduct. Consent can only be accurately gained through direct communication about the decision to engage in sexual activity. Presumptions based upon contextual factors (such as clothing, alcohol consumption or dancing) are unwarranted and should not be misconstrued as evidence for consent. Although, in most state laws and college/university policies, consent does not need to be verbal, verbal communication is the most reliable form of asking for and gaining consent, and you are thus urged to seek consent in verbal form. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect.

Remember that everyone has the right to say “no”, and everyone has the right to change their mind at any time regardless of their past experiences with other people or the person they are with.