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Consent

What is Consent?

  • Consent is a voluntary mutual agreement. It’s informed, sober, honest, clear, and involves the word “yes” from each person involved. That means there’s discussion and clear communication
  • Consent should be freely given: it should never be coerced, be forced, involve pressure, intimidation or threats
  • Consent should be mutually agreed upon: with a clear understanding of what is being asked for and consented to
  • Consent must never be assumed or implied, even if you're in a relationship. Just because you are in a relationship doesn't mean that you always have consent to have sex with your partner.
  • Consent may be withdrawn at any time, and when it is withdrawn all sexual activity must stop immediately
  • Consent can’t legally be given by a person who is intoxicated. If you're too drunk to make decisions and communicate with your partner, you're too drunk to consent
  • Consent doesn’t mean “no.” And, the absence of a "no" doesn't mean "yes"

What is Not Consent?

Simply stated, sexual assault includes, but is not limited to, any physical act that is sexual in nature and performed without the effective consent of all parties. If one person does not want the sexual act to be happening, the other person is committing sexual assault.

It is not consent when your partner is:

  • Silent or not responding
  • Avoiding the question
  • Using uncertain statements such as, "I'm not sure if I'm ready." "I don't know if I want to." "I think I've had too much to drink." "I'm scared."
  • Changing mind after saying yes
  • Being pressured or coerced to saying yes
  • "Giving in"

Consent is also not:

  • Expanding what something may mean (e.g.: A yes to "Do you want to go back to my place?" is only giving consent to physically go back to your place) • Alcohol/drug affected responses
  • Entitlement through a committed relationship
  • Absence of a clear yes
  • When your partner says no, she/he really does not mean yes

What does DU's Honor Code say about consent?

Effective consent is defined as informed, mutually understandable words and/or actions which indicate a willingness to participate in and/or allow a specific activity, freely and actively given by a person with the current mental capacity to make rational decisions. A person may be without such capacity due to the influence of alcohol and/or other drugs. Consent is not effective if it results from the use of physical force, threats, intimidations, or coercion. A person always retains the right to revoke consent at any point during an activity.

Contact the University of Denver's Title IX Office

What does the state of Colorado law say about consent?

Legal definition of consent (18-1-505):

Unless otherwise provided by this code or by the law defining the offense, assent does not constitute consent if:
(a) It is given by a person who is legally incompetent to authorize the conduct; or
(b) It is given by a person who, by reason of immaturity, mental disease or mental defect, or intoxication, is manifestly unable and is known or reasonably should be known by the defendant to be unable to make a reasonable judgment;
(c) It is given by a person whose consent is sought to be prevented by the law defining the offense; or
(d) It is induced by force, duress, or deception.