The Florida State University Student Conduct Code defines consent as the willing and clear participation in a sexual act. Consent is a process of getting or giving permission for sexual intimacy. Consent can be withdrawn at any time. Legally consent requires several key elements, and if any of these are absent and a sex act occurs, it is a sexual assault. Consent is defined under Florida Statute F.S. 794.011 and in the Student Conduct Code.
At Florida State University we educate and advocate for students to be active and empowered when asking for consent. We define consent as asking the Question of a Capable person with Adequate Disclosures and without Coercion.
Getting and Giving Consent
Asking the Question
It is important to discuss the type of relationship you want, which acts you are okay with, and what your boundaries are. Be specific and verbal with what you want. Ask your partner to do the same.
- Can I put my hands around your waist? Can we wait to have sex?
It is important that the person you are engaging with is not incapacitated by drugs or alcohol. They are responsive, engaged, and awake and are able to mentally, physically and emotionally give consent.
- A person who has fallen asleep is not capable of consent.
- A person who is experiencing extreme grief may not be capable of consent.
It is important to discuss several things when engaging with a partner. For example, discuss your STI/HIV status, contraception (including if it will be used and how), intention for the relationship, and boundaries.
- Even though I'm on birth control, I want to use condoms.
- I was recently tested for STIs. When was the last time you were tested?
- I don't like when people leave visible hickies or marks, so please don't.
It is important that all activity is free of coercion, meaning those involved are freely and willingly participating in the activity. They are not being manipulated, guilted, or forced to participate.
- A person who is made to feel like they owe someone a sexual act because the other person bough them something or went out with them, is not free of coercion.
- A person who is worried that someone will leave them if they don't have sex with them, is not free of coercion.