Affirmative Consent

What is Affirmative Consent?

• Affirmative Consent is consent that is informed, clearly affirmative, unambiguous, and a conscious decision by each participant to engage in mutually agreed-upon sexual activity.
• Silence and/or lack of protest or resistance does not mean consent.
• Consent is voluntary. It must be given without coercion, force, threats, or intimidation.
• Consent is revocable.
• Consent must be ongoing throughout a sexual encounter and can be revoked at any time.
• Consent cannot be given when a person is incapacitated.
• A person cannot consent if s/he is unconscious or coming in and out of consciousness.
• A person cannot consent if s/he is under the threat of violence, bodily injury or other forms of coercion.
• A person cannot consent if his/her understanding of the act is affected by a physical or mental impairment.
• Sexual activity with a minor is not consensual.

---

If the Affected Party states affirmative consent was not given, it shall not be a valid excuse that the accused believed consent was given to sexual activity under either of the following circumstances:

1. Belief the consent arose from the intoxication or recklessness of the Affected Party or
2. The accused did not take reasonable steps at the time of the alleged incident, to determine if the Affected Party affirmatively consented.

---

It shall not be a valid excuse that the accused believed the Affected Party affirmatively consented to sexual activity if the accused knew or should have known that the affirmative consent could not be given because the Affected Party:

1. Was asleep or unconscious or
2. Was incapacitated due to the influence or drugs, alcohol, or medication or could not understand the nature, or extent of the sexual activity, or
3. Was unable to communicate due to a mental or physical condition.

---

Read More: https://titleix.santarosa.edu/what-title-ix

If You Are Assaulted

Sexual assault is never the survivor’s fault. You have the right to make informed choices.

Personal Safety is First

• Get to a safe environment.
• Call a friend.
• If unsure about your safety or if you need immediate medical assistance, call 9-1-1.

---

If you are physically hurt, get medical attention.

• Any medical provider who knows or suspects you are being treated for physical injuries related to an assault is required by law to report to law enforcement.
• You do not have to cooperate with any investigation.
• You can have personal support people with you, including a Verity crisis counselor/advocate.

Understanding and Support After Assault

Reactions to all types of assaults can include numbness and shock, feeling alone, self-blame and anger. The licensed clinical and behavioral health staff can listen to your concerns and assist you in determining next steps. They can coordinate with other agencies. These staff are also ready to support you concerning assaults that may have taken place months or years ago when you are ready for that discussion.

The Student Health Services offices are available in Santa Rosa, Monday through Friday, and in Petaluma, Monday through Thursday. They can work with survivors, families, significant others. They are supportive of your rights to make choices, and embrace all cultures, sexual preferences and genders.

Reporting Options

Text, if neeeded.

t1

c1

Confidentiality

Text, if neeeded.

t1

c1

Sexual Assault Support Services

Text, if neeeded.

t1

c1

Sexual Assault Prevention

Text, if neeeded.

t1

c1

Sexual Assault Statistics

Text, if neeeded.

t1

c1