My name is Jessica Gause and I am a Peer Health Educator. This semester, I am working on raising awareness on campus about sexual assault and the topic of consent. I had posted a poll with a scenario dealing with Consensual Sex (click for link to scenario) and asked readers if consent had been gained in the scenario.

Out of the 237 votes: 113 voted "No", 93 voted "Yes", and 31 voted "unsure".
In the scenario consent had not been gained by the friend because it had not been clearly given. There are 5 defining points to consenting to any and all sexual contact:

1. Both partners have agreed to have sexual contact
2. Both partners are clear-headed. They are not confused by illness, alcohol or other drugs.
3. Both partners can stop any activity or the entire encounter at any time.
   
4. Consent is not obtained or coerced through threats of violence, ridicule or other actions.
5. There is a reasonable balance of power. One partner does not have more authority or power over the other.
   

In the scenario, the first issue was that both persons involved had been heavily drinking and are clearly inebriated. Consent can never be clearly given under the influence of alcohol if a person or persons are unable to make any sound decisions. The second issue arose when consent had not been vocalized or clearly expressed and the friend initiated sexual intercourse. Both partner did not agree to have sexual intercourse. And even if they had agreed it would not have been clearly given due to their heavy drinking beforehand.

According to the UMBC Code of Student Conduct, the term "Effective Consent" when applied to any behavior which jeopardizes the health or safety of another, means words or actions that would demonstrate to a reasonable person a functioning, knowing and voluntary agreement to engage in mutually understood activity. Effective consent cannot be gained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another, where the actor knows or reasonably should have known of such incapacitation. Where alcohol or other drugs are involved, incapacitation is defined with respect to how the substance consumed impacts a person's decision-making capacity, awareness of consequences, and ability to make fully informed judgments. Silence or passivity do not equate to consent. A mentally incapacitated or physically helpless person cannot give effective consent. The existence of a previous relationship, or consent granted for a previous activity, does not imply consent to future acts. Consent may be withdrawn at any time.


April is Sexual Assault Awareness Month (SAAM) and there are many ways students and faculty can get involved!
You can check out the UHS Heath Education's Page for SAAM Events
as well as the Women's Center's Page.
For further information on Sexual Assault Awareness Month feel free to visit the National Sexual Violence Resource Center's Page!