What is consent?
For the University's official definitions of consent and the capacity to consent, please see K-State's Policy Prohibiting Discrimination, Harassment, Sexual Violence and Stalking.
Consent is the knowing and voluntary, through words and/or conduct, agreement to engage in a particular act, including without limitation, a particular act of sexual contact or sexual intercourse. To be consent, the person must have the capacity to consent and the permission or agreement must be knowing and given without coercion or force. Even if consent has been given, a person has the right to change their mind before or during the sexual interaction. Whether someone has given consent is based on the totality of the circumstances, including the context.
A healthy sexual relationship ideally involves “a dialogue about desires, needs, and level of comfort with different sexual interactions. Healthy sexual interactions are rooted in consent and respect.” (NSVRC, 2012)
Consent cannot be given if…
- A person is incapacitated or unconscious because of drugs or alcohol
- A person is under the state specific legal age of consent
- An individual has a cognitive or mental disability severe enough to make them incapable of consenting
Your partner does NOT consent if:
- Your partner says, "No." "No" means that you do not have consent
- You have to hold your partner down to have a sexual interaction
These actions by your partner might indicate they do not consent:
- Pushing you away
- Struggling against attempted sexual interactions
- Putting their clothes back on
- Covering up their body
- Wincing in pain or discomfort
You do not have consent just because:
- Your partner is silent
- Of the manner in which someone is dressed
- You perceived someone as flirting with you
- You have had sexual interactions with your partner before
- You always have the right to say no.
- Sex or sexual interactions are never owed to anyone for any reason.
- Even if consent has been given, you always have the right to change your mind during the sexual interaction.
- Engaging in sexual contact or intercourse with an individual who is incapacitated or incapable of giving consent due to drugs or alcohol is rape.
- If an individual has sexual interactions with someone without their consent, consequences can include, but are not limited to: criminal prosecution and imprisonment, prohibited from being present on university property, expulsion as a student, termination of employment, and loss of opportunities and services offered by the University.