What is Consent?

When determining if a sexual assault occurred, the question comes down to whether or not sexual activity was consensual. Consent consists of words or overt actions by a person indicating a freely given and present agreement to perform a particular sexual act with the actor.

Consent is an active, positive affirmation of the desire to pursue sexual activity. If a person is not verbally agreeing and not making any action to initiate or pursue sexual activity, then this person is not consenting. The phrase "freely given" means that consent cannot be coerced. Consent which is obtained through the use of fraud or force (actual or implied) in the form of physical force, threats, intimidation, or coercion, is ineffective consent. If a person is incapacitated by drugs and/or alcohol, he or she is considered incapable of giving consent.