What is Affirmative Consent?

Affirmative Consent is consent that is informed, clearly affirmative, unambiguous, & a conscious decision by each participant to engage in mutually agreed upon sexual activity.

Silence/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.

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, (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.

Sexual activity with a minor is not consensual.