Definition of Affirmative Consent
Affirmative consent is a knowing, and voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
a) Consent to any sexual act or prior consensual sexual activity between or
with any party does not necessarily constitute consent to any other
b) Consent is required regardless of whether the person initiating the act
is under the influence of drugs and/or alcohol.
c) Consent may be initially given but withdrawn at any time.
d) Consent cannot be given when a person is incapacitated, which occurs when
an individual lacks the ability to knowingly choose to participate in sexual
activity. Incapacitation may be caused by the lack of consciousness or being
asleep, being involuntarily restrained, or if an individual otherwise cannot
consent. Depending on the degree of intoxication, someone who is under
the influence of alcohol, drugs, or other intoxicants may be incapacitated
and therefore unable to consent.
e) Consent cannot be given when it is the result of any coercion, intimidation,
force, or threat of harm.
When consent is withdrawn or can no longer be given, sexual activity must stop.