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What is Consent?
“Consent is based on choice.
Giving in because of fear is not consent.
Legally speaking, for two people to have sex, you both have to agree to it: a voluntary, verbal, positive affirmation that you both want to engage in this behavior at this time. It includes positive cooperation and an exercise of free will. A current or previous dating or marital relationship IS NOT sufficient to constitute consent. Remember----things can get hazy if either you or your partner is drunk.
Keep these points in mind:
2) Even if you hear the word, "yes," explicit consent may not be considered legally established. If you've been drinking, any unwanted sexual activity will still be considered assault in some states.
3) Remember you or your partner can change "yes" to "no" at any time. In California, consent can be withdrawn by either partner at any time. If the act continues, it is considered rape.
4) If someone is passed out or is highly intoxicated/disoriented/groggy and can't give his or her consent and you have sex with this person, you will be committing sexual assault.
5) Don't think you can claim you were drunk and didn't know what you were doing if you commit an act of sexual assault. You will be held accountable for your conduct.