Consent is the voluntary, informed, uncoerced agreement through words and/or actions, which a reasonable person would interpret as a willingness to participate in mutually agreed upon sexual activity. Sexual activity should only occur when all participants willingly and affirmatively choose to engage in particular acts.
- Consent once given may be withdrawn at any time.
- Consent cannot be inferred from silence, passivity or lack of active resistance.
- Consent cannot be inferred from consent to a prior or different activity.
- If consent is withdrawn, the other party must immediately stop whatever sexual activity is occurring.
- Being intoxicated or otherwise impaired does not diminish one’s responsibility to obtain consent.
Indications that consent is not present include, but are not limited to:
- A verbal “no” (no matter how indecisive) or resistance (no matter how passive).
- When physical force is used, or when there is a reasonable belief of the threat of physical force.
- When any kind of coercion is present.
- When a person is legally incapable of making an intentional decision to participate in a sexual activity, including being unconscious, asleep, incapacitated by drugs or alcohol or due to an intellectual or other disability.