Consent

In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Consent is sexual permission.  It doesn't matter what you have done before, or even if you said yes earlier, but later change your mind.

Consent is never implied by things like your past behavior, what you wear, or where you go.

Important Aspects of the Definition of “Consent”

• Consent is active, not passive.
• Silence, in and of itself, cannot be interpreted as consent.
• Consent can be given by words or actions, as long as those words or actions create mutually understandable, clear permission regarding willingness to engage in, and the conditions of, sexual activity. Non-verbal consent is not as clear as talking about what you want sexually and what you do not.
• Consent cannot be given by someone who is under the legal age to consent (at least 18 years old).
• If coercion, intimidation, threats, and/or physical force are used, there is no consent.
• If a person is mentally or physically incapacitated or impacted by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent.
• If a person is asleep or unconscious, there is no consent.
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Consent to past sexual activity does not imply consent to other forms of sexual activity.
• Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another; and
• Consent can be withdrawn by verbal or physical conduct that a reasonable person would understand to indicate a desire to stop or not engage in the sexual conduct at issue. A person is deemed not to have consented to any sexual activity that occurs after they withdraw consent.

Learn more

Read more on the differences between coercive behavior and seductive behavior in the SNC Sex and Gender Harassment and Discrimination Policy. Details on the terms ‘force’ and ‘incapacitation’ are also included in the Policy.