Consent refers to words or actions that clearly show an active, knowing and voluntary agreement to engage in a particular sexual activity. Consent is determined objectively. This means that an individual is deemed to have given consent when a reasonable person, under the particular circumstances of the encounter, would understand the individual’s words and/or actions as indicating the required agreement.
Consent may be withdrawn at any time by words and/or actions that clearly show the individual no longer wishes to participate. Silence and/or the absence of resistance by themselves are not consent. Consent to engage in sexual activity in the past by itself is not consent to future sexual activity. Consent to engage in sexual activity with one person is not consent to engage in sexual activity with another person.
Other factors that may preclude consent are:
- Force or coercion. There is no consent when a person submits to sexual activity due to physical force, the threat of physical force, or coercion. Coercion refers to threatening an adverse consequence that would prevent a reasonable person from exercising free will in the decision whether to consent. Coercion is not merely words of persuasion one might reasonably use to seek voluntary consent.
- Incapacity or impairment. There is no consent if a person is mentally or physically incapacitated or impaired such that they cannot understand the fact, nature, or extent of the sexual situation. This includes impairment or incapacitation due to alcohol or drug consumption if it prevents the person from having such an understanding, as well as being asleep or unconscious. It also includes instances in which a person lacks the required understanding due to medical conditions, or cognitive or other disabilities.
- Age. There is no consent for purposes of university policy where a person is too young to give effective consent under applicable law. Under Mississippi law, persons under fourteen cannot give effective consent to sexual activity with any person who is more than twenty-four months older. Persons between fourteen and sixteen cannot give consent to anyone who is more than thirty-six months older.