Patricia A. Cody, Esq.,
Chief Diversity Officer,
Title IX Coordinator,
300 Jay Street
Namm Hall, Room N-325
Brooklyn, NY 11201
Preventing Sexual Harassment and Sexual Violence
- Affirmative Consent is a knowing, informed, voluntary and mutual decision to engage in agreed upon sexual activity.
- Consent can be withdrawn at any time.
- Consent can be given by words or actions, as long as those words or action create clear permission regarding willingness to engage in the sexual activity.
Each person must clearly communicate his/her willingness and permission to engage in sexual activity.
- A person who is drunk or high may not be able to consent.
- Having sex with a person who is passed out, or slides in and out of consciousness, is rape.
- Failure to resist or say "no" does not equal consent.
- Silence does not constitute consent.
- Past consent to sexual relations does not constitute consent to subsequent sexual activity.
- A person may consent to certain sexual acts and not others.
- A person's appearance or dress does not communicate consent.
- A person under 17 years old cannot consent to sexual intercourse under New York law.
- If you do not obtain consent from a sexual partner, you may be committing sexual assault.
- Remember, the decision to engage in sex or sexual activity must be mutual.
- Before you engage in sexual activity, consider...
- Have you expressed what you want?
- Do you know what your partner wants?
- Has your partner given consent?
- Is your potential partner sober enough to decide whether or not to have sex?
- Are you sober enough to know that you've correctly gauged consent?
You do not have consent if:
- You are using physical force or size to have sex.
- You have coerced your partner in any way (asking repeatedly, putting pressure on your partner, physically intimidating him/her, etc.).
- You intend to have sex by any means necessary.
- Your partner is too intoxicated or high to give consent.
- You are too intoxicated or high to gauge consent.
- Your partner is asleep.
- Your partner is unconscious or for any other reason is physically or mentally unable to communicate consent.
- You don't think your partner would agree to have sex if he/she were sober.
Signs you may not have consent:
- You are not sure what the other person wants.
- You have had sex before but your partner has said he/she is not interested tonight.
- You feel like you are getting mixed signals.
- You hope your partner will say nothing and go with the flow.
- Your partner stops or is not responsive.
- Your partner may be intoxicated or high: slurred speech, problems with balance, impaired motor skills