Consent means clear and unambiguous agreement, expressed in mutually understandable words or action, to engage in a particular sexual activity. Whether valid consent has been given will be judged based upon what a reasonable person would have understood from such words or actions.
Consent must be voluntarily given and is not valid
- if obtained by physical force, coercion, or threat;
- when a person is Incapacitated; or
- when an intellectual or other disability prevents a person from having the capacity to give consent.
Consent to engage in one sexual activity, or agreement to engage in a particular sexual activity on a prior occasion, cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity. Consent can be withdrawn by either person at any point.