Effective consent is active, not passive. Silence, in and of itself, cannot be
interpreted as consent. Effective
consent can be given by words or actions, as long as those words or actions
create mutually understandable permission regarding the conditions of sexual
activity —who, what, when, where, why and how sexual activity will take
place. In order to be effective, consent
cannot be procured by use of physical force, compelling threats, intimidating
behavior, or coercion. Coercive behavior
differs from seductive behavior based on the type of pressure someone uses to
get consent from another. When someone makes clear to you that they do not want
sex, that they want to stop, or that they do not want to go past a certain
point of sexual interaction, continued pressure beyond that point can be
coercive. In Arkansas, the age of
consent is 16 years of age.
If you have sexual activity with someone you know
to be—or should know to be—mentally or physically incapacitated (alcohol or
other drug use, unconsciousness or blackout), you are in violation of this policy.
• Any time sexual
activity takes place between individuals, those individuals must be capable of
controlling their physical actions and be capable of making rational,
reasonable decisions about their sexual behavior.
• This policy also
covers someone whose incapacity results from mental disability, sleep,
involuntary physical restraint, or from the taking of a so-called “date-rape” drug. Possession, use and/or
distribution of any of these substances, including Rohypnol, Ketomine, GHB,
Burundanga, etc. is prohibited, and administering one of these drugs to another
student for the purpose of inducing incapacity is a violation of this
policy. More information on these drugs
can be found at http://www.911rape.org/.
Use of alcohol or other drugs will never function to excuse behavior that
violates this policy.
Force is the use of physical violence and/or
imposing on someone physically to gain sexual access. Force also includes
threats, intimidation (implied threats) and coercion that overcome resistance
or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll
do what you want”).
- NOTE: There is no requirement that a party
resists the sexual advance or request, but resistance is a clear demonstration
of non-consent. The presence of force is not demonstrated by the absence of
resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
The requirements of this policy are blind to the
sexual orientation or preference of individuals engaging in sexual activity or relationships.
• Intentional contact
with the breasts, buttock, groin, or genitals, or touching another with any of
these body parts, or making another touch you or themselves with or on any of
these body parts; an intentional bodily contact in a sexual manner, though not
involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other
• Intercourse however
slight, meaning vaginal penetration by a penis, object, tongue or finger, anal
penetration by a penis, object, tongue, or finger, and oral copulation (mouth
to genital contact or genital to mouth contact).