What is Consent?

Safety Staying Safe on Campus What is Consent?

Consent as defined in MACU policy:

Assent does not constitute consent, within the meaning, if:

  1. It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense and such incompetence is manifest or known to the actor;
  2. It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
  3. It is induced by force, duress, or deception.

What does this mean for you?

Consent is an important concept in every sexual encounter.  Without consent, a crime has been committed.  Consent can never be assumed and consent cannot be obtained from an incapacitated or otherwise impaired individual. Consent must be communicated in a clear, verbal manner that is free from ambiguity.  Consent is not silence. 

Consent cannot be obtained under duress (e.g. fear, intimidation, or coercion.)  Consent must be freely given. Consent is an active concept.  Consent from a previous encounter is not consent for a current encounter.  

Consent can be withdrawn at any time.  You have the right to say "no" at any time and you have the right to change your mind.