CONSENT
Specific. Saying yes to one thing (like going to the bedroom to make out) doesn’t mean you’ve said yes to others (like having sex).
You get the final say over what happens with your body. It doesn’t matter if you’ve hooked up before or even if you said yes earlier and then changed your mind. You’re allowed to say “stop” at any time, and your partner needs to respect that.
Consent is never implied by things like your past behavior, what you wear, or where you go. Sexual consent is always clearly communicated — there should be no question or mystery. Silence is not consent. And it’s not just important the first time you’re with someone. Couples who’ve had sex before or even ones who’ve been together for a long time also need to consent before sex — every time.
If a person is stumbling or falling down
If a person cannot stand or walk on their own
If a person’s speech is slurred or they are not communicating clearly
If a person cannot focus their eyes or is confused about what is happening around them
If a person has urinated, defecated, or vomited on themselves or around them
WHAT IS CONSENT?
Sexual consent is an agreement to participate in a sexual activity. Before being sexual with someone, you need to know if they want to be sexual with you too. It’s also important to be honest with your partner about what you want and don’t want.
Consenting and asking for consent is all about setting your boundaries and respecting those of your partner — and checking in if things aren’t clear. Both people must agree to sex — every single time — for it to be consensual.
Without consent, sexual activity (including oral sex, genital touching, and vaginal or anal penetration) is sexual assault or rape.
Characteristics of Consent
Consent is about communication and respect.
Consent is agreement or permission expressed through affirmative, voluntary words or actions that are mutually understandable to all parties involved, to engage in a specific sexual act at a specific time:
Consent can be withdrawn at any time, as long as it is communicated.
Consent cannot be coerced or compelled by force, threat, deception, or intimidation.
Consent cannot be given by someone who is incapacitated, as defined below.
Consent cannot be assumed based on silence, the absence of “no” or “stop,” the existence of a prior or current relationship, or prior sexual activity.
If a person is sleeping or unconscious
Remember, being drunk is not a free pass. If you are drunk and you perform a sexual act on another drunk person, you are accountable for your behavior. The person initiating the sexual act is responsible for getting consent.
Freely given. Consenting is a choice you make without pressure, manipulation, or under the influence of drugs or alcohol.
Reversible. Anyone can change their mind about what they feel like doing, anytime. Even if you’ve done it before, and even if you’re both naked in bed.
Informed. You can only consent to something if you have the full story. For example, if someone says they’ll use a condom and then they don’t, there isn’t full consent.
Enthusiastic. When it comes to sex, you should only do stuff you WANT to do, not things that you feel you’re expected to do.
What it means to be incapacitated
A person is incapable of consent if they are unable to understand the facts, nature, extent, or implications of the situation due to drugs, alcohol, a mental disability, being asleep or unconscious, or based on their age.
Consent does not exist when the individual initiating sexual activity knew or should have known of the other person’s incapacitation.
Alcohol and consent
Here are some signs that a person may not be able to understand the facts, nature, extent, or implications of a situation due to the use of alcohol and/or drugs and may no longer be able to make a clear decision about giving consent:
Compiled by
Doctor Mutunga Godfrey
Medical Officer
Ark Wellness Hub
Sources
Indiana University publications
Planned Parenthood
Upto date
Medscape