Understanding Consent

Consent is an affirmative agreement to do the same thing at the same time in the same way.

Consent is an affirmative agreement to do the same thing at the same time in the same way. An affirmative agreement includes an informed, freely and actively given, mutually understandable exchange of unmistakable words or actions, which indicate an affirmative willingness to participate in mutually agreed upon sexual activity. Consent can be withdrawn or modified at any time, as long as such withdrawal or modification is clearly communicated.

Consent cannot be assumed based on silence, the absence of “no” or “stop,” the existence of a prior or current relationship, or prior sexual activity. There is no consent when there is force, coercion, or incapacitation.

Examples of consensual behavior may include, but are not limited to:

  • Verbal statements of “yes” or “okay”
  • Head nodding
  • Asking someone to engage in the sexual activity

Examples of non-consensual behavior may include, but are not limited to:

  • Verbal statements of “no” or “I don’t want to”
  • Verbal statements of “I don’t know” or “maybe”
  • Pushing someone away
  • Resisting contact
  • Shrugging or other uncertain body language
  • Not actively participating in the sexual activity
  • No response or silence
  • Disengaging from previous Consensual behavior
  • Force, Coercion, or Incapacitation

*This definition differs from the definition of consent in Utah’s criminal code, which applies if an individual pursues a criminal investigation with police. USU investigations overseen by the Office of Equity rely on the definition of consent found in USU Policy 339, the university's sexual misconduct policy.

Consent is Specific

Consent for one sexual activity does not mean consent for another, and consent at one time does not imply consent in the future. Being in a relationship with someone does not mean your partner has automatically consented to any sexual activity.

Consent Means Talking About Sex

Consent is best understood through clear words and actions. To be sure you have consent, just ask, and be specific. If you don’t feel comfortable talking about sexual activity, you might not be ready for it. Talking about consent is as simple as asking ...

  • "Do you want to do more?"
  • "Do you want to keep going?"
  • "Would you like to ... ?"

Consent is Not Just the Lack of a "No"

Just because your partner isn’t saying “no” doesn’t mean they are necessarily OK with what you’re doing. Statements like “I don’t know” or “maybe” or even silence do not indicate consent. If in doubt, ask. Consent can be withdrawn or modified at any time, as long as such withdrawal or modification is clearly communicated.

Consent is a Willing Agreement

There is no consent in the presence of coercion, incapacitation, or force. Coercion may consist of intimidation, threats, or other severe conduct that causes a reasonable person to fear significant consequences if they refuse to engage in sexual contact.

Consent Must be Coherent

Incapacitation is a state in which a person lacks the ability, temporarily or permanently, to give consent to sexual activity including because of a disability, drug or alcohol consumption (whether voluntary or involuntary), or because the person is unconscious, asleep, immobilized, or otherwise unaware that the sexual activity is occurring. Being intoxicated does not excuse anyone from ensuring they have consent from another before engaging in sexual activity. Incapacitation could be indicated by:

  • Lack of control over physical movements.
  • Lack of awareness of physical circumstances or surroundings.
  • An inability to communicate.

Get Consent for Digital Activity

Sending explicit videos, images, texts, or snaps – without the consent of the person pictured or the people you are sending it to – is sexual misconduct. Using technology to track, intimidate, harass or threaten another individual could be stalking.

Reporting Non-Consensual Experiences to USU

Sexual misconduct, which includes sexual harassment, sexual exploitation, sexual assault, relationship violence, and sex-based stalking, can be reported to USU’s Title IX Coordinator via the online form at equity.usu.edu/report.