88% of men whose actions came under the legal definition of rape were adamant that their behavior did not constitute rape.
Consent and Coercion
Consent
Consent is an agreement that two people must make if they want to have sex. According to Illinois state law, there is no implied consent. The absence of an explicit "Yes" is a "No," according to state law. The Illinois Criminal Sexual Assault Act, 720 ILCS 5/12-17, defines consent as "freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent."
The issue of consent can be a complicated and ambiguous area that needs to be addressed with clear, open, and honest communication.
Both partners need to be fully conscious and aware.
This might seem obvious, but the use of alcohol or other substances can interfere with someone's ability to make clear decisions about the level of intimacy they are comfortable with. The more intoxicated a person is, the less they are able to give conscious consent. 75% of men and more than 55% of women involved in acquaintance or date rape had been drinking or had taken drugs just before the assault.
Both partners are equally free to act.
The decision to be sexually intimate must be without coercion. Both partners must have the option to choose to be intimate or not. Factors such as body size, previous victimization, threats to "out" someone, and other fears can prevent an individual from freely consenting. Many people hold the incorrect belief that once you reach a certain level of intimacy, you lose the right to say "no". Both partners should be free to change "yes" to "no" at any time.
Both partners clearly communicate their willingness and permission.
Willingness and permission must be communicated clearly and unambiguously. Just because a person fails to resist sexual advances does not mean that s/he has given consent; consent is not the absence of the word "no."
Both partners are positive and sincere in their desires.
It is important to be honest in communicating feelings about consent. If one person states their desires, both partners are able to make informed decisions about the encounter.
(Adapted from Berkowitz, Alan. "Guidelines for Consent in Intimate Relationships," Campus Safety and Student Development, Vol. 3, No. 4, March/April 2002 by Brown University)
