The Age Of Sexual Consent

Non-Consensual Sexual Sex means any sexual penetration no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent. 

Consent is never implied by things like your past behavior, what you wear, or where you go. Sexual consent is always clearly communicated — there should be no question or mystery. Silence is not consent. And it’s not just important the first time you’re with someone. Couples who’ve had sex before or even ones who’ve been together for a long time also need to consent before sex — every time.

There are laws about who can consent and who can’t. People who are drunk, high, or passed out can’t consent to sex. There are also laws to protect minors (people under the age of 18) from being pressured into sex with someone much older than them.

The age of sexual consent is how old a person needs to be in order to be considered legally capable of consenting to sex. Adults who have sex with someone younger than the age of consent face jail time and being registered as a sex offender. The age of consent varies in different parts of the U.S. and in different countries. There may also be other laws that define the age of sexual consent by state.

You can change your mind at any time.

You can withdraw consent at any point if you feel uncomfortable. One way to do this is to clearly communicate to your partner that you are no longer comfortable with this activity and wish to stop. Withdrawing consent can sometimes be challenging or difficult to do verbally, so non-verbal cues can also be used to convey this. The best way to ensure that all parties are comfortable with any sexual activity is to talk about it, check in periodically, and make sure everyone involved consents before escalating or changing activities.

What is enthusiastic consent?

Enthusiastic consent is a newer model for understanding consent that focuses on a positive expression of consent. Simply put, enthusiastic consent means looking for the presence of a “yes” rather than the absence of a “no.” Enthusiastic consent can be expressed verbally or through nonverbal cues, such as positive body language like smiling, maintaining eye contact, and nodding. These cues alone do not necessarily represent consent, but they are additional details that may reflect consent. It is necessary, however, to still seek verbal confirmation. The important part of consent, enthusiastic or otherwise, is checking in with your partner regularly to make sure that they are still on the same page.

Enthusiastic consent can look like this:

Asking permission before you change the type or degree of sexual activity with phrases like “Is this OK?”

Confirming that there is reciprocal interest before initiating any physical touch.

Letting your partner know that you can stop at any time.

Periodically checking in with your partner, such as asking “Is this still okay?”

Providing positive feedback when you’re comfortable with an activity.

Explicitly agreeing to certain activities, either by saying “yes” or another affirmative statement, like “I’m open to trying.”

Using physical cues to let the other person know you’re comfortable taking things to the next level.

Physiological responses like an erection, lubrication, arousal, or orgasm are involuntary, meaning your body might react one way even when you are not consenting to the activity. Sometimes perpetrators will use the fact that these physiological responses occur to maintain secrecy or minimize a survivor's experience by using phrases such as, "You know you liked it." In no way does a physiological response mean that you consented to what happened. If you have been sexually abused or assaulted, it is not your fault.