By Catelyn Fitzgerald ’23
Science & Environment Editor
Content warning: This article discusses sexual assault and rape.
According to the National Sexual Violence Resource Center, 81 percent of women and 43 percent of men have experienced a form of sexual assault or harassment in their lifetime. For female rape victims, a majority of incidences were perpetrated by an intimate partner. Consent has unique legal definitions that vary in different places and contexts, but in general refers to an agreement between people to engage in sexual activities, according to the Rape, Abuse & Incest National Network.
Under the law, there are three ways in which consent is usually assessed: affirmative consent, freely given consent and capacity to consent. RAINN explains that an affirmative expression of consent refers to parties saying “yes” to sexual activity through explicit words or actions rather than being passive or neutral. Freely given consent takes place only in the absence of “fraud, coercion, violence or the threat of violence.” Capacity to consent to sexual activity is affected by multiple factors; someone who is below legal age requirements has a mental or physical disability that incapacitates them, is a subordinate of the perpetrator, is considered a “vulnerable adult” or is intoxicated or unconscious may not be able to legally consent to sexual activity.
It is important that all parties consent each time sexual activity is performed. Consent is also reversible, meaning that it can be withdrawn at any time, according to Planned Parenthood. Consent should also be informed and specific, meaning that participants have a full understanding of the activities they consent to and are not assumed to consent to any other activities. Anyone who wishes to speak to an expert about sexual assault and learn more about local resources and next steps can call the National Sexual Assault Hotline at 800.656.HOPE (4673) or visit online resources such as RAINN.