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What is Consent?

Student Wellness - Sexual Misconduct


The Criminal Code defines Consent as the voluntary agreement to engage in the sexual activity in question.

Consent is an informed, knowing, and voluntary decision to engage in mutually acceptable sexual activity. Consent is active, not passive or silent. It is the responsibility of the person who wants to engage in the sexual activity to make sure they have consent from any other person(s) involved.

Consent to one sexual act does not constitute or imply consent to a different sexual act. Consent is always required regardless of the parties’ relationship status or sexual history together.

Consent can be revoked at any time, and cannot be assumed from previous consent to similar  activities.

Consent can never be given by someone who is incapacitated. Incapacity is a mental or physical state in which a person cannot make a rational, reasonable decision because they lack the ability to understand the consequences of their actions. In other words, incapacity means that the inability to fully understand what is happening. Incapacitated also includes individuals who are asleep or unconscious.

Evidence of incapacitation includes: slurred speech, bloodshot eyes, smell of alcohol, vomiting, unusual or strange behaviour.

Offering drugs, alcohol or other substances to a person, with or without their knowledge, with the intent to impair their ability to withhold consent or their ability to knowingly consent to sexual activity is prohibited sexual exploitation. If you have consumed alcohol, drugs or other substances, you are still required to receive ongoing consent for all sexual acts.