Consent
What is Consent
Consent is permission one person gives to another person to do something or agree to do something.
We practice consent in our daily lives all the time. When we ask someone if we can borrow their property, that’s practicing consent. We even practice consent non-verbally, like when we open our arms, non-verbally asking for a hug, and the other person gives us a non-verbal signal that they don’t want a hug.
Consent is always important, but it is especially important when it comes to sexual activity.
Consent is Required
As defined by the University of Tennessee’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking, consent is “an active agreement to participate in a sexual act.”
What is an active agreement?
An active agreement is defined as words and/or conduct that communicate a person’s willingness to participate in a sexual act.
words = spoken, written, or signed language
conduct = non-verbal body language, movements, or behaviors
What is a sexual act?
A sexual act can include any of the following, without limitation:
- vaginal intercourse (penile-vaginal intercourse)
- anal intercourse (penile-anal intercourse)
- oral sex (mouth-to-genitals or mouth-to-anus)
- any other intrusion, however slight, of a person’s finger (i.e., digital penetration) or any other object into any other person’s genitals or anus
- the intentional touching of a person’s intimate parts (genital area, groin, inner thigh, buttock, or breast)
- the intentional touching of the clothing covering the immediate area of a person’s intimate parts
- the intentional touching of any other person with that person’s own intimate parts, if that touching can be reasonably construed as being for the purpose of sexual gratification
Consent is always required to engage in sexual activity with someone. If sexual activity happens without consent, it’s sexual assault.
Components of Consent
Consent is Clear.
Clear (adjective) – easy to perceive, understand, or interpret
It should be abundantly clear if someone has given consent or not.
Clear consent can be a mixture of affirmative verbal and non-verbal messages. (The presence or absence of consent is evaluated based on the totality of circumstances. This is not an exhaustive list of examples.)
Signs of Clear Consent
- Saying things like:
- Yes!
- I’m sure.
- Don’t stop.
- I like that.
- Nodding head “yes”
- Initiating sexual activity
- Reciprocating and progressing sexual activity
Consent is Mutual.
Mutual (adjective) – (of a feeling or action) experienced or done by each of two or more parties toward the other(s); held in common by two or more parties
Communicating consent is the responsibility of all parties involved. It is a mutual responsibility.
Both the ask for sexual activity and the answer should be clear.
Consent is Ongoing.
Ongoing (adjective) – continuing; still in progress
Consent is never a one-time thing. It is an ongoing process.
It is important that partners continually check in with one another during a sexual interaction.
There is no such thing as blanket consent.
Consent is Revocable.
Revocable (adjective) – capable of being revoked (canceled, taken back, withdrawn)
People are allowed to change their minds. A person who has given consent can revoke that consent.
Once consent is revoked, the activity must stop.
Consent is Specific.
Specific (adjective) – clearly defined or identified
The sexual activities one wants to engage in with their partner(s) should be clearly specified.
Our language should also be clear and specific.
Consent is Informed.
Informed (adjective) – (of a decision or judgment) based on an understanding of the facts of the situation
A person should know what they are getting into. This includes:
- Specific behaviors one does or does not want to engage in.
- If one has any sexually transmitted infections (STIs; see the “sexual exploitation” section of the Title IX Policy).
Any other information that would inform one’s decision to consent or not.
Consent is Voluntary.
Voluntary (adjective) – done, given, or acting of one’s own free will
The decision about whether to engage in sexual activity, when, with whom, and under what conditions is a personal one. Consent is something that is only voluntary, not something that can be coerced or forced.
What is Non-Consent
What does non-consent look and sound like?
(The presence or absence of consent is evaluated based on the totality of circumstances. This is not an exhaustive list of examples.)
Signs of No Consent
- Saying things like:
- No
- Stop
- I don’t want to
- Trying to leave the situation
- Fighting back
- Being incapacitated
Signs to Pause and Seek Clarity
If one feels like they are getting mixed signals or are unsure whether they have received consent, that is a sign to pause and seek clarity. Signs to pause include:
- Verbal and non-verbal communication doesn’t match;
- One thinks they are getting non-verbal consent, but aren’t 100% sure;
- No verbal or non-verbal communication has been given.
- Saying things like:
- I’m not sure
- I want to, but…
- Maybe
- Not reciprocating or progressing sexual activity
- Seems checked out or uncomfortable
- Tense or stiff body language
Who Cannot Give Consent
- A person who is incapacitated.
- A person who is forced.
What is incapacitation?
Incapacitation means that a person lacks the ability to actively agree to sexual activity because the person is asleep, unconscious, under the influence of an anesthetizing or intoxicating substance such that the person does not have control over their body, is otherwise unaware that sexual activity is occurring, or their mental, physical, or developmental abilities render them incapable of making a rational, informed judgment. Incapacitation is not the same as legal intoxication.
- A person violates this policy when they engage in sexual activity with another person who is incapacitated under circumstances in which a reasonable person would have known the other person to be incapacitated. For evaluating incapacitation, a reasonable person means a sober, objectively reasonable person in the same situation, with ordinary sensitivities, and with similar identities.
- Incapacitation can be voluntary or involuntary. Signs of incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances.
What counts as force?
Force (Forced) means words and/or conduct that, viewed from the perspective of a reasonable person, substantially impair(s) a person’s ability to voluntarily choose whether to take an action or participate in an activity. Examples of force include, without limitation:
- Physical force (e.g., hitting, punching, slapping, kicking, restraining, choking, kidnapping, using a weapon, blocking access to an exit);
- Words and/or conduct that would cause a reasonable person to fear:
- Physical force or other harm to the person’s health, safety, or property, or a third person’s health, safety, or property;
- Loss or impairment of an academic benefit, employment benefit, or money;
- Disclosure of sensitive personal information or information that would harm a person’s reputation;
- Disclosure of video, audio, or an image that depicts the person’s nudity or depicts the person engaging in a sexual act(s); or
- Other immediate or future physical, emotional, reputational, financial, or other harm to the person or a third person.
You Are Not Alone
If you or someone you know has experienced sexual assault or other sexual misconduct, you are not alone. There are resources on campus, in the community, and online that can support you. View a comprehensive list of resources.
You Are Part of the Solution
To learn more about consent and how to practice it, request our ConsentEDU presentation. To learn more about preventing harm and being an ACTive bystander, visit our Vols ACT page and request a presentation.