Consent means that at the time of the sexual contact, words or conduct indicate freely given approval or agreement, without coercion, by both participants in the sexual contact. Both parties have the obligation to communicate consent or the lack of consent. A verbal “no” (no matter how indecisive) or resistance (no matter how passive) constitutes the lack of consent. In addition, consent once given may be withdrawn at any time. If consent is withdrawn, the other party must immediately stop whatever sexual contact is occurring.

An individual is unable to give consent if he or she is:

• substantially physically or mentally impaired by alcohol or drugs (including so-called “date rape drugs”)
• forced or threatened
• physically incapable of resisting assault, asleep, or unconscious

Unless an individual is substantially physically or mentally impaired, consent while under the influence of alcohol or drugs is valid consent. Similarly, the use of alcohol or drugs does not minimize or excuse a person’s responsibility for sexual assault.