Chapter 2
What is consent?
Any sexual activity without prior consent – even within a committed relationship – is considered a crime under Pennsylvania law. Further, under the Code of Conduct, AD 85, and AD 91, any sexual activity without prior and ongoing consent – even within a committed relationship – is a violation of the Code of Conduct
Consent is the presence of a clear "YES." NOT the absence of "NO."
It is NOT just the absence of the word “No,” Fear, intoxication, and embarrassment are all possible reasons for a person’s silence.
Respect your partner’s decision, and take “No” as their final answer. Coercion through begging, guilt, or threats can not be used to gain consent.
Indecision could be a result of fear, insecurity, or not wanting to completely reject the other person.
If your partner is suddenly quiet or stops participating in sexual activity, stop and ask your partner if it is ok to continue. Also, make sure your own intentions for sexual activity are clear if you have been asked. Rely on words, not body language.
You can’t undo an assault by saying you didn’t know the other person wasn’t into it. Make sure you know it is ok before you engage in any sexual activity.
In order to have consent, both parties must:
| Communicate consent prior to any sexual activity | Specifically, consent involves both partners voluntarily, actively, and clearly giving consent prior to any sexual activity even if they have previously been sexually active with each other. Consent to one particular sexual behavior or act does not mean consent to a different sexual behavior or act. For example, if both partners consent to oral sex, then one partner wants to engage in penetration, consent must be obtained for the different act. |
| Be of legal age | In Pennsylvania, 16 is the age of legal consent. (To learn more about the age of legal consent in PA, visit, Age of Consent | Pennsylvania Coalition Against Rape (PCAR)) |
| Be awake and lucid | Both partners must be awake, not incapacitated by drugs or alcohol, and able to communicate what they want and do not want. Both partners need to be mutually participating in the activity and be able to stop at any time. |
| Be able to communicate | Consent can be communicated through verbal and non-verbal expression, but consent cannot be inferred or assumed if a person doesn't say 'no.' Communicating and respecting emotional, physical and sexual boundaries is important in a healthy relationship. Keep in mind that the University's Code of Conduct defines consent in the same way. |
| Be mutually participating and free to stop at any time | Enough said. Respect your partner's decision, and take "no" as the final answer. |
Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent must be informed, freely given and mutual. If intimidation, threats, or physical force are used there is no consent. If a person is mentally or physically incapacitated so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This includes incapacitation due to alcohol or drug consumption, or being asleep or unconscious, where the respondent knew or reasonably should have known that the person was incapacitated. Inducement of incapacitation of another with the intent to affect the ability of an individual to consent or refuse to consent to sexual contact almost always, if not always, negates consent. 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 consist of an affirmative, unambiguous, conscious decision by each participant to engage in mutually agreed-upon sexual activity. Consent can be limited, meaning consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Consent is revocable, meaning consent can be withdrawn at any time. Thus, consent must be ongoing throughout a sexual encounter. Whether a person has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.