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Affirmative Consent

Affirmative Consent: must be voluntary, and given without coercion, fource, threats, or intimidation. It is the responsibility of each person involved in the sexual activity to ensure Affirmative Consent has been obtained from the other participants(s) prior to engaging in the sexual activity. 

Affirmative Consent means an agreement to engage in sexual activity that is;

  • Informed;
  • Affirmative;
  • Conscious;
  • Voluntary, and Mutual;
  • Lack of protest or resistane does not mean there is Affirmative Consent;
  • Silence does not mean there is Affirmative Consent;
  • The existence of a dating or social relationship between thoes involed, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator or Affirmative Consent;
  • A request for someone to use a condom or birth control does not, in and itself, mean there is Affirmative Consent;
  • Affirmative Consent can be withdrawn or revoked. Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after sexual activity begins. Once consent is withdrwn or revoked, the sexual activity must stop imediately. Consent to one form of sexual activity (or one sexual act) does not consitiute consent to other forms of sexaul activity. Consent given to sexual activity on one occasion does not constitute consent on another occasion. 

Don’t make assumptions about consent. If an individual feels pressured or uncertain, is having difficulty communicating or is afraid of how a partner might react to a “NO“ response, it is not consent.

You Have The Right To:

  • Say “NO” and not feel pressured to engage in sexual activity
  • Feel safe
  • A relationship with someone who respects your emotional and physical wishes and boundaries
  • Be assertive and direct with someone who is sexually pressuring you
  • Change your mind, and if you are not sure what you want, to STOP and think about it
  • Be in a relationship free of violence and abuse
  • Speak with a sexual violence advocate for confidential support
  • File a Report with CSUSM’s Title IX Coordinator
  • Make a confidential police report, by requesting that you remain anonymous

When Should You Ask For Consent?

Before you engage in sexual activity! It is the responsibility of the person initiating a sex act to obtain clear, affirmative consent. Whenever you are unsure if consent has been given, you need to ask. Check-in with your partner.

Remember consent CANNOT be given if someone is:

  • Unconscious, unresponsive, asleep, or incapacitated by alcohol or drugs
  • Under the age of 18
  • Unable to communicate due to their mental or physical condition