As a Sexual consent educational programs, consent may never be given by minors in Massachusetts, those not yet 16 years of agementally disabled persons, and those who are incapacitated as a result of alcohol or other drug consumption voluntary or involuntary or those who are unconscious, unaware, or otherwise physically helpless.
Consent as a result of coercion, intimidation, threat of force or force is not effective consent. Consent cannot be assumed because of previous relationships or sexual activities, and the absence of "no" is not the same thing as consent.
Jennifer and John meet at the movies. They started to date on and off for about a month. One night, Jennifer and John went out drinking. After the bars closed, they went to Jennifer's room in her hall.
John was very drunk and engaged in sex with Jennifer despite her protests. John argues that even if he might have had nonconsensual sex with Jennifer, it's not his fault because of how drunk he was. He "Sexual consent educational programs" he was so drunk he didn't even know he was having sex with her, let alone that it was something she did not want.
John has committed a violation of the Sexual Misconduct policy. Intoxication at a party is no excuse for violation of the Sexual Misconduct policy. If it were, drunken people could be excused for drunk driving, because they were so drunk they didn't realize they were driving. Further, Sexual Misconduct is not an-intent based infraction.
Whether or not John intended to commit Sexual Misconduct is irrelevant. The fact that he had sex with her without her consent is sufficient to satisfy Sexual consent educational programs elements of the offense.
When Claudia and Timothy first met, their relationship was tumultuous. She kept trying to convince him. She implied that if Timothy did not sleep with her, she would break up with him.
Timothy finally gave in and had sex with Claudia. Several months later after speaking with some friends, he realized he had been coerced. Timothy did not consent to Claudia of his own free will.
Whenever a threat is used to make someone consent, it is an invalid consent because it is forced. Consent should be given when the parties want to have sex with each other. Timothy consented not because he wanted to have sex with Claudia but because he feared that she would break up with him. This is another example of a Sexual Misconduct policy violation.
Jiang is a third year student, Sophia is a second year student. Jiang comes to Sophia's room in her hall with some mutual friends to watch a movie. Jiang and Sophia, who have never met before, are attracted to Sexual consent educational programs other.
After the movie, everyone leaves and Jiang and Sophia are alone. They hit it off and are soon becoming more intimate. They start to make out. Jiang verbally expresses her desire to have sex with Sophia.
Sophia, who was abused by a babysitter when she was five, and has not had sexual intercourse before, is shocked at how quickly things are progressing. As Jiang her by the wrist over to the bed, lays her down, undresses her, and begins to have intercourse with her, Sophia has a severe flashback to her childhood trauma.
She wants to tell Jiang to stop, but cannot. Sophia is stiff and unresponsive during the intercourse.
Jiang has violated the Sexual Misconduct policy. It is the duty of the sexual initiator, Jiang, to make sure that she has mutually understandable consent to engage in sex. Though consent need not be verbal, it is the clearest form of consent. Here, Jiang "Sexual consent educational programs" no verbal or non-verbal mutually understandable indication from Sophia that she consented to sexual intercourse.
Of course, wherever possible, students should attempt to be as clear as possible as to whether or not sexual contact is desired, but students must be aware that for psychological reasons, or because of alcohol or drug use, your partner may not be in a position to provide as clear an indication as the University's Policy requires. Pat, a first year student, and Chris, a fourth year student, are best friends.