Consent is the act of willingly agreeing to engage in sexual contact or conduct. Individuals who consent to sex must be able to understand what they are doing.
Consent is informed, knowing and voluntary. 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 permission regarding the conditions of sexual activity.
- Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.
- Previous relationships or consent does not imply consent to future sexual acts.
- Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion.
Use of alcohol, medications, or other drugs will not excuse behavior that violates this policy. Examples of when a person should know the other is incapacitated and may be unable to give valid consent include, but are not limited to:
- the amount of alcohol, medication, or drugs consumed
- imbalance or stumbling
- slurred speech
- lack of consciousness or inability to control bodily functions or movements
- vomiting
- legal incapacity, such as in the case of a minor and/or persons under legal guardianship
The term “consent” means the affirmative, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter which can be revoked at any time. Consent cannot be:
- Given by an individual who:
- is asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason, or
- is under duress, threat, coercion or force; or
- Inferred under circumstances in which consent is not clear including, but not limited to:
- the absence of an individual saying “no” or “stop”, or
- the existence of a prior or current relationship or sexual activity.
- O.S. § 113 (effective June 6, 2016)