Sexual Consent as stated in the Auburn Title IX Policy and Procedures for Student Sex Discrimination
Effective consent is the basis of the analysis applied to unwelcome sexual contact. Lack of
consent is the critical factor in any incident of sexual misconduct.
11.8.1. Consent to participate in sexual activity is freely and actively given, and requires clear
communication between all persons involved in the sexual encounter.
11.8.2. Consent is active, not passive. Consent can be communicated verbally or by actions,
but in whatever way consent is communicated, it must be mutually understandable. Silence,
in and of itself, cannot be interpreted as consent.
11.8.3. It is the responsibility of the initiator of sexual contact to make sure they understand
fully what the other person(s) involved in the activity wants and does not want sexually.
11.8.4. Consent to one form of sexual activity does not imply consent to other forms of
11.8.5. Previous relationships or previous consent does not imply consent to future sexual
11.8.6. Consent cannot be procured by use of physical force, compelling threats, intimidating
behavior, or coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior
differs from seductive behavior based on the type of pressure someone uses to get consent
11.8.7. Effective consent cannot be given by minors, mentally disabled individuals, or persons
incapacitated as a result of consumption of drugs or alcohol.
11.8.8. If you have sexual activity with someone you know to be--or should know to be --
mentally or physically incapacitated (by alcohol or drug use, unconsciousness or blackout),
you are in violation of this policy.
11.8.9. Incapacitation is a state where one cannot make a rational, reasonable decision
because they lack the ability to understand the “who, what, when, where, why or how” of
their sexual interaction.
11.8.10. This policy also covers someone whose incapacity results from mental disability,
sleep, involuntary physical restraint, or from the taking of a so-called “date-rape” drug.
Possession, use and/or distribution of any of these substances, including but not limited to:
Rohypnol, Ketomine, GHB or Burundanga is prohibited, and administering one of these drugs
to another student for the purpose of inducing incapacity is a violation of this policy.
United States Department of Education
According to the United States Department of Education's Office of Civil Rights, sexual violence, "means physical sexual acts perptrated against a person's will or where a person is incapable of giving consent." Sexual asault, rape, sexual battery, sexual coercion, and sexual harrassement fall into the category of sexual violence.
Alabama State Law
The following laws and definitions are important for preventing and responding to acts of sexual violence
Rape in the first degree.
(a) A person commits the crime of rape in the first degree if:
(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or
(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
(b) Rape in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2310; Act 2000-726, p. 1557, §1.) Section 13A-6-65
- A person commits the crime of sexual misconduct if:
- Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or
- Being a female, she engages in sexual intercourse with a male without his consent; or
- He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.
- Sexual misconduct is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2318.)
Sexual abuse in the first degree.
- A person commits the crime of sexual abuse in the first degree if:
- He subjects another person to sexual contact by forcible compulsion; or
- He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
- He, being 16 years old or older, subjects another person to sexual contact who is less than 12 years old.
- Sexual abuse in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §2320.)
Sexual abuse in the second degree.
- A person commits the crime of sexual abuse in the second degree if:
- He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or
- He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
- Sexual abuse in second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2321.
Lack of consent.
- Whether or not specifically stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, that the sexual act was committed without consent of the victim.
- Lack of consent results from:
- Forcible compulsion; or
- Incapacity to consent; or
- If the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct.
- A person is deemed incapable of consent if he is:
- Less than 16 years old; or
- Mentally defective; or
- Mentally incapacitated; or
- Physically helpless.
(Acts 1977, No. 607, p. 812, §2330.)
- Mentally incapacitated.
Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent.
- Physically helpless.
Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
*To see more laws and details about the State of Alabama's specific definitions, see their legislature website.