What are affirmative consent policies in a college sexual misconduct case?

Affirmative consent policies in a college sexual misconduct case involve what will constitute consent between parties. When parties engage in intimate or sexual interactions at college or otherwise, as long as they're under the jurisdiction of their college sexual misconduct policy, the question of whether, say, a party had consent to engage in a certain sexual or intimate activity often would come into question in a sexual misconduct case.

Affirmative consent is that a person has to obtain voluntary knowing conscious consent or agreement to engage in a sexual or intimate activity with the other party. It could be done through either verbal or physical means, say by spoken word, "Can I do this to you?" If the answer is yes, then that would be affirmative consent. Even something as arguably benign as kissing, if a person leans into the other to kiss and the other reciprocates, that would be, or should be considered affirmative consent. It can be very nuanced and consent is often an issue in a college sexual misconduct case. As to how to best defend against allegations of there being not consent, you need to have an experienced attorney advisor in your corner to help best present what needs to be articulated so that consent can be established.

Contact Us Today!

footer-2.jpg

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu