Bystander Intervention

What is Consent? An active process where there is clear and unmistakable voluntary agreement, expressed in mutually understandable words or actions, to engage in sexual activity. Silence or absence of resistance does not imply consent. Informed consent cannot be gained by force, coercion, threat, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation. Informed consent is also absent when the activity in question exceeds the scope of informed consent previously given, i.e. past consent does not imply future consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. In the state of Missouri, consent cannot be provided if the person lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or it is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason anyone under the age of seventeen cannot give informed consent.

Incapacitation: The physical and/or mental inability to make informed rational judgments. States of incapacitation include, without limitation, sleep, blackouts, flash-backs, when a person is unconscious, or because of an intellectual or other disability that prevents the person from having the capacity to give consent. A person can also be incapacitated due to the use of drugs or alcohol. Where alcohol or other drugs are involved, one does not have to be intoxicated or drunk to be considered incapacitated. Rather, incapacitation is determined by how the alcohol consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed decisions. The question is whether the respondent knew, or a sober, reasonable person in the position of the respondent should have known, that the complainant was incapacitated. Because incapacitation may be difficult to discern, students and employees are strongly encouraged to err on the side of caution; i.e., when in doubt, assume that another person is incapacitated and therefore unable to give consent. Being intoxicated or drunk is never a defense to a complaint of sexual misconduct under this policy.

Voluntary (freely given): Consent must be voluntary; it cannot be obtained by coercion or force. Even if someone did not physically resist an attacker, that doesn’t mean they gave consent. Some survivors don’t resist for fear physical resistance might make their attackers more violent. Research also indicates that some rape victims may experience “tonic immobility” during the rape. In other words, they are literally paralyzed by fear.

Only Active (not passive): Consent must be active. If someone were unconscious, asleep, incapacitated or incoherent by drugs or alcohol, then they couldn’t consent. Indeed, even if someone did not remember being sexually assaulted, it doesn’t mean it didn’t happen.

Informed: If someone consented to one intimate act, it does not imply that they have consented to others. Consent must be informed, which means you and your partner know what you are consenting to beforehand. Always ask before increasing the level of intimacy.

Clear: If someone didn’t say no, it doesn’t mean they consented. Remember, consent must be active and involve clear words or actions. Always get clear affirmation. Never assume consent.

Engaged Permission: Just because you have consented to something in the past, doesn’t imply that you consent to it in the future. Similarly, being in a relationship with someone doesn’t mean you or your partner have consented to sexual activity. Always ask for permission to engage in mutually agreed upon sexual activity.