Sexual assault is any unwanted sexual contact up to and including rape without a person's consent. Sexual assault is an umbrella term that may include kissing, fondling/touching, oral, anal or vaginal penetration.
What is consent?
The unambiguous and willing participation or cooperation in act, behavior or attitude that is commonly understood to be consistent with the exercise of free will.
Consent requires participants who are lawful adults, fully conscious, equally accessible and legally competent to act, have communicated their willingness, cooperation or permission to participate in the specific sexual activity engaged in, are positive and clear about their desires and can cease ongoing consensual activity at any time.
Refusal to consent does not have to be verbal; it can be expressed with precise gestures, body language or attitude.
Prior sexual history, by itself, does not constitute consent, nor does consenting to sexual activity with one person imply consent to sexual activity with another person.
Consent is coherent
People cannot consent if they are incapacitated due to drugs or alcohol. You may be able to tell if someone is incapacitated if they:
- Cannot stand or walk without wobbling, falling or needing to lean on something or someone for support.
- Has slurred speech and difficulty communicating.
- Is passed out or sleeping.
- Has vomited or urinated on themselves.
When in doubt, just stop. Respect yourself and your partner.
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Questions to ask yourself before moving forward:
- Is this okay?
- Do you want to?
- Have you been drinking?
- Are you comfortable with it?
- Do you want to slow down?
- Would you like me to?
- Are you sure?
- Tell me what you want.
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These are some non-verbal cues that your partner isn't interested in continuing and you need to stop:
- Not responding to your touch
- Pushing you away
- Holding their arms tightly around their body
- Turning away from you or hiding their face
- Stiffening muscles
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Consent can be revoked at any time. If you want to stop, say so! You always have the right to say no, and you can always change your mind at any time, regardless of your past with your partner or what is happening at the moment. Below are some phrases that you can use if you want to stop:
- NO.
- I want to stop.
- I need to go to the bathroom.
- I'm going to be sick.
Common questions
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Sexual activity without consent is sexual misconduct. You must obtain consent every time you engage in any sexual activity.
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Two adults over the age of 18 who are coherent can consent to a sexual activity based on a shared desire and a mutual understanding expressed clearly.
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If someone is incapacitated due to drugs or alcohol, is under the age of 17, has been coerced or pressured physically or psychologically, is unconscious or asleep, or is mentally disabled, they cannot consent.
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A person has the right to change their mind at any point during a sexual encounter. If the person changed their mind and indicated they wanted to stop, consent was revoked. All sexual activity must be stopped immediately once consent is withdrawn.
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No. You must obtain consent before each sexual encounter. Just because you are in an intimate relationship doesn't mean you always have permission to engage in sexual activities with your partner.
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A person cannot consent if they are not entirely coherent due to drugs or alcohol. Even if your partner seems enthusiastic, they cannot consent if they cannot make rational, reasonable decisions - they cannot understand the "who, what, when, where, why or how" of the situation.
Wait until you can both make rational, reasonable decisions before you engage in any sexual activity.
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People cannot legally consent if they are incapacitated due to alcohol or drugs. Sexual activity without consent is sexual misconduct. Wait until you can make rational, reasonable decisions and consent to engage in sexual behavior.
I asked my partner if they were comfortable with it, and they didn't say anything. That's consent.
Consent is always evident. You only have consent if given through words or actions that create mutually understandable permission regarding sexual activity. The absence of a no does not mean yes. Consent can never be assumed.
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Consent can never be assumed. Someone may dress or act in a sexy way without wanting sex. If you think your partner wants to have sex, just ask! Be specific and only proceed if they say yes.
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A person who is pressured or coerced is unable to consent. Sexual coercion is a form of sexual misconduct. A feeble or hesitant "yes" after intense pressure, intimidation or psychological manipulation is not consent. Consent is a free choice made within a climate of respect and open communication.
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A person who is pressured or coerced is unable to consent. Sexual coercion is a form of sexual misconduct. A feeble or hesitant "yes" after intense pressure, intimidation or psychological manipulation is not consent. Consent is a free choice made within a climate of respect and open communication.
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A person who is pressured or coerced to perform any sexual activity cannot consent. Sexual coercion is a form of sexual misconduct. A feeble or hesitant "yes" after intense pressure, intimidation or psychological manipulation is not consent. Consent is a free choice made within a climate of respect and open communication.