In today's political climate, many of us seem to assume that college sexual misconduct cases are always cut-and-dried. Maybe you've read articles on the subject or seen documentaries like The Hunting Ground. Despite many of the inflammatory claims made by victims' rights organizations, though, the truth is that these cases are almost never simple, and they involve many gray areas. One of the most important of these has to do with consent.

Defining Consent

In simple terms, “consent” means voluntary permission. In the context of sexual misconduct, then, consent relates to whether or not both participants have given voluntary permission to engage in the act. Simple, right? Either someone gives consent, or they don't.

The trouble is, it's not always easy to determine consent in the moment. That's especially true when it comes to sex. As humans, we're not especially good at communicating, even under the best conditions. When sex is involved, communication can sometimes break down altogether. We get embarrassed when we try to talk about it. We may feel like talking about it ruins the mood. We may be too inexperienced to know exactly what to say. Misunderstandings happen, and one person decides the sex was non-consensual.

When it's time to determine consent after the fact, things get even more complicated.

What You Need to Know

Misunderstandings can and do happen, but there are ways to minimize their likelihood. The most important of these is understanding what constitutes “consent.” Every school defines this term in a slightly different way, but there are a number of elements on which virtually all of them agree.

• Silence or the absence of resistance doesn't imply consent. You must pay attention to body language and whether or not it conveys non-consent.
• Consenting to one activity doesn't mean consenting to others. Kissing, sexual contact, and even oral sex don't imply consent for sex.
• Prior consent doesn't presume further consent. Just because you've had sex in the past, or are in a sexual relationship, does not mean you have consent.
• No one can consent if they are incapacitated.
• Consent under duress is not consent. Someone may say they agree to sex, but if they do so under some type of threat, they are not truly consenting.
• Consent can be withdrawn at any time. Even if both partners have agreed to participate in sexual activity and are already engaged in it, either can decide to end it, and their partner must respect their decision.

Defending Yourself From Title IX Allegations

Knowing the rules can help you avoid getting into trouble, but sometimes misunderstandings happen despite your best efforts. If you find yourself facing sexual misconduct charges at your college or university, it's important you get help to defend yourself.

Joseph D. Lento is a defense attorney who built his career defending student rights across the United States. To find out how Attorney Lento and his Title IX Student Defense Team can help you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.