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Consent

Blue Seat Studios. (2015, May 13). Tea Consent. Retrieved from URL 


Every member of the University community should be aware that all sexual contact or behavior on the campus and/or occurring with a member of the University community must be consensual. 

 

Consent requires speech or conduct indicating a freely given, un-coerced agreement to engage in sexual contact.

 

Consent may not be inferred from silence or passivity alone, and a current or previous relationship is not sufficient to constitute consent.

 

Consent may be withdrawn at any time prior to or during a specific sexual act by either person.

 

To be valid, the person giving consent must be physically and mentally able to

 

  • understand the circumstances and implication of the sexual act;

  • make a reasoned decision concerning the sexual act;

  • communicate that decision in an unambiguous manner.

 

In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he/she has the consent from his/her partner(s) prior to initiating sexual activity.

 

  • Effective consent is active, not passive.

  • Effective consent to one form of sexual activity is not effective consent to other forms of sexual activity.

  • The person who is the object of sexual advances is not required to physically or otherwise resist.

  • Silence, previous sexual relationships or experiences, and/or a current relationship may not, in themselves, be taken to imply consent. 

 

Inability to Consent

 

There are a number of factors which may limit or negate a person’s ability to consent to a sexual act. These include but are not limited to age, impairment due to the influence of alcohol or drugs (illegal or prescription), an intellectual or other disability, a person’s temporary or permanent mental or physical impairment, unconsciousness, fear and/or coercion. In order to find no consent under one of these circumstances, there must be a finding that the victim was unable to consent and a finding that the perpetrator knew or had reason to know the victim was unable to consent. 

 

Intoxication of the perpetrator is not an excuse for failure to obtain consent or failure to know of the victim’s inability to consent.


Learn More

No Blurred Lines: Clarifying Consent

What is consent?: How to understand and talk about personal boundaries


Clemson University Anti-Harassment and Non-Discrimination Policy. (n.d.). Retrieved from URL