BUFFALO (AP) Administrative policy may be the new pillow talk on college campuses across New York.
A universal "affirmative consent'' standard is now part of a sexual assault prevention policy adopted across the state's public university system. It spells out for students that only :yes'' - not silence or a lack of resistance - is the cue for sexual activity.
The so-called "Yes Means Yes'' standard could spread to private campuses next year through legislation favored by Gov. Andrew Cuomo as states face pressure to improve their handling of campus sexual assaults.
California adopted a similar measure and New Jersey and New Hampshire are considering them.
Supporters say it takes away a suspect's argument that their accuser never said no, and empowers students to talk about consent before engaging in sex.
Affirmative consent as defined in the State University of New York's sexual assault prevention policy:
- Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity.
- Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent.
- Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
- Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act.
- The definition of consent does not vary based upon a participant's sex, sexual orientation, gender identity or gender expression.
- Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.
- Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent.
- Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Source: Office of Gov. Andrew Cuomo
