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What Does "Consent" Mean in Sexual Assault?
What Does Consent Mean in Sexual Assault?
Consent is a clear "YES" to any physical touch or sexual activity. Just because you have not come out and said "NO" does not mean you have given consent.
Let's take a look at what is NOT considered consent from the womenshealth.gov website on sexual assault:
Silence. Just because someone has not come out and said "NO", does not mean they are saying yes. The absence of NO doesn't assume that the person wants you to touch them or have any sexual activity.
Getting consent in the past doesn't assume present consent: What this means is just because you and your boyfriend or dating partner have had sex at any time in the past, doesn't mean you have given up your right to say NO. Past sexual activity or touch does not assume consent today or in the future.
Being in a relationship: Just because you are married, dating or have had sexual contact before doesn't mean that there is consent now. This is related to the previous point.
Not fighting back: Just because you didn't or don't put up a physical fight does not mean that there is consent.
Sexy clothing, flirting or dancing is NOT consent. Only YES is consent. To assume otherwise would be saying "she wanted it because of how she was acting, dancing or dressed".
There is NO consent under the influence of alchohol or drugs...EVER!
Consent Means:
You understand and know what is going on. Another words, you are not intellectually disable or emotionally inhibited due to disability, alchohol, drugs, etc.
You know what it is exactly you want to do and what you don't want to do and those boundaries are clearly communicated and received (respected).
Consent is not only knowing what you want to do and what you don't want to do...consent is being able to say what you want to do and don't want to do. I can't stress this enough.
Let's take a look at the legal definitions for sexual assault terms and the legal definition of consent (taken from https://www.rainn.org/articles/legal-role-consent):
The legal definitions for terms like rape, sexual assault, and sexual abuse vary from state to state. See how each state legally defines these crimes by visiting RAINN’s State Law Database. No matter what term you use, consent often plays an important role in determining whether an act is legally considered a crime.
The legal role of consent
There is no single legal definition of consent. Each state sets its own definition, either in law or through court cases. In general, there are three main ways that states analyze consent in relation to sexual acts:
Freely given consent: Was the consent offered of the person’s own free will, without being induced by fraud, coercion, violence, or threat of violence?
Affirmative consent: Did the person express overt actions or words indicating agreement for sexual acts?
Capacity to consent: Did the individual have the capacity, or legal ability, to consent?
Capacity to consent
A person’s capacity, or ability, to legally consent to sexual activity can be based on a number of factors, which often vary from state to state. In a criminal investigation, a state may use these factors to determine if a person who engaged in sexual activity had the capacity to consent. If not, the state may be able to charge the perpetrator with a crime. Examples of some factors that may contribute to someone’s capacity to consent include:
Age: Is the person at or above the age of consent for that state? Does the age difference between the perpetrator and victim affect the age of consent in that state?
Vulnerable adults: Is the person considered a vulnerable adult, such as an elderly or ill person? Is this adult dependent on others for care?
Developmental disability: Does the person have a developmental disability or other form of mental incapacity, such as a traumatic brain injury?
Physical disability: Does the persona have a physical disability, incapacity, or other form of helplessness?
Unconsciousness: Was the person sleeping, sedated, strangulated, or suffering from physical trauma?
Intoxication: Was the person intoxicated? Different states have different definitions of intoxication, and in some states it matters whether you voluntarily or involuntarily became intoxicated.
Relationship of victim/perpetrator: Was the alleged perpetrator in a position of authority, such as such as a teacher or correctional office?
(I would like to add other positions of authority such as a parent, pastor, person in leadership in the community or church, and in faith-based communities often the male is considered in authority over the woman and there is no implied consent here).
Understanding consent is vital to protecting yourself physically, emotionally, spiritually and relation-ally. Sadly, many women (and men) are carrying shame from coerced sexual advances and behavior (this is sexual assault) and it was minimized or they were unjustly blamed when they told someone. PLEASE make sure you share such experiences, shame, trauma, or questionable actions with someone well versed and educated in this matter. If you or someone you know has or is dealing with sexual assault...there is hope. Please call Dr. Regina Baldwin at 1-417-755-0161 for a free consultation anywhere in the country via phone or Skype also FaceTime. Advocacy, local referrals, counseling and faith-based biblical counseling is available. Don't delay. Don't let shame steal anymore of your life.
Remember: each state’s law is different. If you are unsure how a state law applies to specific circumstances, consult an attorney.
