What is Affirmative Consent?
Affirmative Consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that s/he has the Affirmative Consent of the other participant(s) to engage in the sexual activity. Sexual activity includes but is not limited to kissing, touching intimate body parts, fondling, intercourse, penetration of any body part, and oral sex.
All sexual activity between members of the CSU community must be based on Affirmative Consent. Engaging in any sexual activity without first obtaining Affirmative Consent to the specific activity constitutes Sexual Misconduct and is a violation of CSU policy, whether or not the conduct violates any civil or criminal law.
Important things to know about Affirmative Consent
- It is the responsibility of each person involved in the sexual activity to ensure that s/he has the Affirmative Consent of the other participant(s) to engage in the sexual activity.
- Lack of protest or resistance does not mean Affirmative Consent, nor does silence mean Affirmative Consent.
- Affirmative Consent must be voluntary, and given without coercion, force, threats or intimidation.
- The existence of a dating or social relationship between those involved, or the fact of past sexual activities between them, should never by itself be assumed to be an indicator of Affirmative Consent.
- A request for someone to use a condom or birth control does not, in and of itself, constitute Affirmative Consent.
- Affirmative Consent can be withdrawn or revoked.
- Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity.
- Consent given to sexual activity on one occasion does not constitute consent on another occasion.
- There must always be mutual and affirmative consent to engage in sexual activity.
- Consent must be ongoing throughout a sexual activity and can be revoked at any time, including after penetration.
- Once consent is withdrawn or revoked, the sexual activity must stop immediately.