Definition of Consent

Consent means actual words or conduct indicating freely given agreement to the sexual activity.  Consent cannot be inferred from silence, passivity, or lack of active resistance.  There is no consent where there is a threat of force of violence or any other form of coercion, intimidation, deception, physical or psychological.  Consent must be established through clear words or actions.

EXAMPLES OF NON-CONSENT

Sexual activity is non-consensual when the Complainant is incapable of consent due to any of the following:

Force or threat of force (physical violence, restraint or threat of violence used during sex is not consent)

Lack of clear words or actions (silence or lack of participation before or during sex is not consent)

Resistance either verbally or physically (asking to stop or pushing away is not consent)

Withdrawal of consent (If a person initially agrees to sex but withdraws consent before or during sex you must stop!)

Deception (If you trick the person into having sex because they believe you are someone else you don’t have consent)

Coercion (If you repeatedly ask the person to engage in sex, intimidate them or pressure them you may not have consent)

Incapacitated due to alcohol / drugs (slurred speech, difficulty balancing, vomiting, incoherent, unusual behavior, passed out are all signs of incapacitation and unable to give consent).

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