{"id":354913,"date":"2016-04-04T11:01:49","date_gmt":"2016-04-04T16:01:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/higher-education\/college-sexual-consent-laws.html"},"modified":"2023-10-26T07:19:14","modified_gmt":"2023-10-26T12:19:14","slug":"college-sexual-consent-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/higher-education\/college-sexual-consent-laws.html","title":{"rendered":"College Sexual Consent Laws"},"content":{"rendered":"\n
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College Sexual Consent Laws<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Unfortunately, about 13 percent of all college students experience rape or sexual assault. This statistic is according to the Rape, Abuse & Incest National Network<\/a>. Sexual assault means making sexual contact with another without the other person’s consent<\/a>.<\/p>\r\n

If someone is unconscious or heavily intoxicated, they lack capacity and cannot give affirmative consent. Criminal charges of sexual assault generally hinge on whether the accused received consent. It also hinges on whether the alleged victim had the ability to give such consent. It’s crucial that the concept of sexual consent is clearly spelled out.<\/p>\r\n

This article covers the growing body of college consent laws. It also discusses the regulations addressing sexual assault on college campuses and making such crimes easier to prosecute when they do occur. College consent laws and regulations typically include an educational outreach component as well. See FindLaw’s Sex Crimes<\/a> section for more resources.<\/p>\r\n

What Is Sexual Consent?<\/h2>\r\n

Sexual consent means that both people in a situation agree to a sexual activity. It’s a clear \u201cyes" from everyone involved. Consent is always given freely, without anyone being forced or pressured. Understand that because someone says yes once, it doesn’t mean they’re saying yes to everything forever. People can change their minds. This can even happen halfway through the act. The other party must then assume that their consent is revoked.<\/p>\r\n

Certain principles ground sexual consent laws. They stem from the idea that every individual has the right to decide what happens to their own body. These laws aim to protect people from unfair treatment or discrimination on the basis of sex.<\/p>\r\n

Pursuing sexual activity without consent is sexual assault. You cannot assume consent from silence. It also can’t be inferred by an existing dating relationship, marriage, body language, or appearance. Consent happens through a clear and affirmative gesture.<\/p>\r\n

It is crucial to understand the idea of consent, especially on college campuses. Everyone needs to know when it’s okay to move forward and when to stop. The key is clear communication and respect.<\/p>\r\n

Federal Law: Title IX of the Education Amendments<\/h2>\r\n

Title IX of the Education Amendments of 1972<\/a> is a key part of civil rights laws in the United States. It says no student should face sex discrimination in educational programs. This includes any educational program that receives federal funding. That means colleges, or what we often call institutions of higher education, have to make sure they treat everyone fairly. This is regardless of their gender.<\/p>\r\n

Sexual misconduct, including sexual harassment and campus sexual assault, falls under Title IX. Schools must have good campus policies to handle these issues. They also need a person called a Title IX Coordinator. This person ensures the schools are implementing Title IX correctly. They also help students who report problems like sex discrimination.<\/p>\r\n

The Campus Sexual Violence Act and The Clery Act<\/h2>\r\n

The Campus Sexual Violence Act (SaVE Act) was signed into law in 2013. It was part of the Violence Against Women Reauthorization Act (VAWA). The SaVE Act<\/a> requires all colleges and universities to adopt certain policies. These policies address sexual assault on college campuses.<\/p>\r\n

The policies also include specific disciplinary procedures and broader reporting of sexual crimes. They also include comprehensive prevention and awareness education. Any sexual assault campus training program must include the legal definition of consent. Preferably, they should also include examples of its practical application.<\/p>\r\n

Another important rule is the Clery Act<\/a>. This law is about campus safety. Schools must tell everyone about crimes that happen on campus. This includes reports about sexual assault, domestic violence, and dating violence.<\/p>\r\n

State Law: California Sets the Standard<\/h2>\r\n

The state of California is a leader when it comes to laws about sexual consent in colleges. California became the first state to pass legislation mandating certain rules and procedures<\/a> specifically addressing sexual assault on college campuses. They went above and beyond the SaVE Act. An important requirement of this law is the adoption of a comprehensive policy that addresses the meaning of affirmative consent. Affirmative consent is defined as follows:<\/p>\r\n