Consent at Goucher is defined as offered freely, willingly, and knowingly agreeing to engage in mutually understood ongoing sexual conduct.
Understanding Consent @ Goucher
For a sexual encounter to be consensual, each participant must obtain or give verbal consent to each act and ongoing sexual activity. Consent to engage in one form of sexual activity does not mean consent to participate in other types of sexual activity, and either party may withdraw consent at any time. Consent may not be implied from silence, passivity, lack of resistance, or lack of an active response. Noncommunication or silence constitutes a lack of consent. A verbal “no” is a lack of consent, even if it sounds insincere or indecisive. If at any time, during a sexual interaction, any confusion or ambiguity should arise about consent, it is the responsibility of the person initiating the activity to stop. If at any time, consent is withdrawn, the action must stop immediately.
An incapacitated person cannot give consent, which occurs when an individual cannot knowingly choose to participate in sexual activity. Incapacitation can be the following, and this list is not exhausted: by the lack of consciousness of being asleep, the degree of intoxication of someone who is under the influence of alcohol, drugs, or other intoxicants, being involuntarily restrained, or if an individual otherwise cannot consent. Anyone under the age of sixteen cannot consent to sexual activity of any kind in the State of Maryland.