Consent
Â鶹´«Ã½ Definition of Consent
All of the definitions on this page are taken from the Â鶹´«Ã½ Policy on Discrimination, Harassment, and Sexual Misconduct.
Sexual violence occurs when there is a lack of consent. According to the Â鶹´«Ã½ Policy on Discrimination, Harassment, and Sexual Misconduct, consent is present "when clearly understandable
words or actions manifest a knowing, active, voluntary, and present and ongoing agreement to engage in specific sexual or intimate contact."
Capacity to Consent
Consent is not present when an individual does not have the capacity to give consent, voluntarily or involuntarily, due to age (generally, the age of consent is 17 in Illinois), physical condition, or disability that impairs the individual’s ability to give consent. Reasons why one could lack capacity to give consent due to a physical condition include, but are not limited to, consumption of drugs or alcohol (voluntarily or involuntarily) or being in a state of unconsciousness, sleep, or other state in which the person is unaware that sexual activity is occurring.
“Incapacitated” refers to the state where a person does not understand the nature or fact of sexual activity due to the effect of drugs or alcohol consumption, medical condition or disability, or due to a state of unconsciousness or sleep. When alcohol is involved, incapacitation is a state beyond drunkenness or intoxication. When drug use is involved, incapacitation is a state beyond being under the influence or impaired by use of the drug. Alcohol and other drugs impact each individual differently, and determining whether an individual is incapacitated requires an individualized determination.
Some indicators of a lack of capacity to give consent due to consumption of drugs or alcohol may include, but are not limited to:
- Lack of full control over physical movements (for example, difficulty walking or standing without stumbling or assistance);
- Lack of awareness of circumstances or surroundings (for example, lack of awareness of where one is, how one got there, who one is with, or how or why one became engaged in sexual interaction);
- Inability to effectively communicate for any reason (for example, slurring speech, difficulty finding words).