What Are the Basic Rules of Sexual Consent?

There are some basic rules about sexual consent that everyone should know and abide by.

What is Sexual Consent?

On the most basic level, sexual consent is the mutual, freely given agreement between people who are about to engage in sexual activities.

Understand and Abide By the Rules of Sexual Consent

A flagrant disregard for sexual consent is considered sexual assault or rape, so it's important to be knowledgeable and abide by sexual consent rules.

Unfortunately, there is a serious lack of sex education in US schools and in homes so many people, especially boys and men, don't understand sexual consent.  In addition, some girls and women are also confused about sexual consent.

    The Basic Rules of Sexual Consent

• A Person Cannot Give Consent If They Are Underage: If someone is a minor, even if they say yes to engaging in sex, they cannot give legal consent to have sex. You must know the age of this person and be aware of the legal age to give consent in the state you are in because the law varies from state to state in the US.  

• A Person Cannot Give Consent If They Are Impaired By Alcohol or Drugs: Since alcohol and drugs impair a person's judgment and ability to communicate, including the ability to communicate about sexual consent, you must be cautious and aware of the other person's state. Although it can be tricky to gauge someone's state, if you have any doubt about whether a person has the ability to give consent and communicate it freely, don't have sex.  This includes everything from touching, kissing, up to and including sexual intercourse. It is your responsibility to assess the situation and behave accordingly or you might find yourself in bed with someone who doesn't remember giving consent the next day, which could mean legal problems for you.

A Person Who is Impaired Cannot Give Sexual Consent

• A Person Cannot Give Consent If They Have Diminished Capacity, Judgment or Ability to Communicate Freely Due to Mental Illness or Disability:  This is similar to alcohol and drug impairment. If someone doesn't have the ability to make decisions and communicate clearly on their own behalf or you are not sure whether they do or not, do not engage in sex with this person.

• A Person Cannot Give Consent If They Are Pressured, Threatened, Tricked or Manipulated: If you have threatened, manipulated, coerced or tricked someone into having sex, you don't have consent.  Consent must be freely given without threat, deception or manipulation.

• A Person Who is Being Sex Trafficked Cannot Give Consent: The Trafficking Victims Act of 2000 defines sex trafficking as any adult or minor under the age of 18 who is involved in a commercial sex act that was induced by force, fraud or coercion. According to the US Federal Government, sex trafficking is the modern day equivalent of human slavery. People who engage in commercial sex with underage youth are usually men, and they are sexual predators and child molesters. Sex trafficking is a felony offense. The worst states for sex trafficking (as of the writing of this article) are California, New York, Florida and Texas. They are the leading states for sex trafficking. Of all the states in the US, California is #1 and New York State is #4 for sex trafficking. There are serious legal consequences for sex trafficking on the state and Federal level.

• A Person Who is Unconscious Cannot Give Consent: Whether the person is unconscious due to alcohol, drugs or for some other reason, you don't have consent if the person is unconscious. If you have sex with an unconscious person, you are having non-consensual sex and you will be legally responsible for your actions.

• A Person Who Gave Consent in the Past Isn't Necessarily Giving Consent in the Present or in the Future: Don't assume that if you had sexual consent in the past that you have consent in the present or that you will have consent in the future. You must have consent each time.

Consent From the Past Does Not Mean Consent in the Present

• A Person Who is Not Sure If They Want to Have Sex Isn't Giving Consent: When someone says "No," that's clear. But don't assume that "Maybe" means"Yes." If someone isn't sure, you don't have consent so don't have sex.

Consent Can Be Withdrawn At Any Time

• A Person Can Withdraw Consent At Any Time: Even if you are in the middle of a sexual act, if a person says no or stop or signals in any way that they want you to stop, you must stop immediately, even if you don't like it, because you no longer have consent.

Why Do People Disregard the Rules of Sexual Consent?

A lack of understanding and sex education are part of the issue, but this does not account for the blatant disregard that many people show for sexual consent.

People who choose to blatantly disregard sexual consent are abusing their power in sexual situations.  Sexual assault and rape are not about sex--they are about abusing power over another person.

My Next Article:

This article covered the basic rules of sexual consent.

My next article will go beyond the basic rules to update the sexual consent rules: 

"No Means No" Isn't Enough. What is Enthusiastic Sexual Consent?

Resources For Sexual Assault and Rape Victims

If you have been the victim of a sexual assault or rape, the following national and New York City resources are available for sexual assault and rape victims:

    

    National Sexual Assault Hotline:    800-656-HOPE (4673)

    NYC Crime Victims Hotline:          866-689-HELP (4357)

About Me

I am a licensed New York City psychotherapist, hypnotherapist, EMDR, AEDP, EFT, Somatic Experiencing and Sex Therapist.

I am a sex positive therapist who works with individual adults and couples.

To find out more about me, visit my website: Josephine Ferraro, LCSW - NYC Psychotherapist.

To set up a consultation, call me at (917) 742-2624 during business hours or email me.

Early Recovery: Focusing on the "People" Part of "People, Places and Things"

The decision to get sober is one of the biggest and most challenging decisions you can make in your life.  Once you've made this decision, you need to assess your life about how you're going to maintain your sobriety.  The concept of being aware of "people, places and things" in order not to relapse is an important one.  In this article, I'm focusing on the people part of "people, places and things" because it's often one of the hardest parts of recovery (see my articles: Early Recovery: You've Stopped Drinking. Now What? and The Myth of Having to "Hit Bottom" to Change).

Early Recovery: Focusing on the "People" of "People, Places and Things"

Reassessing Your Friendships in Light of Your Desire to Remain Sober

During early recovery, people usually take stock of their lives, including the people they hang out with when they drink--their drinking buddies.  When drinking buddies are only acquaintances at the local bar, as opposed to close friends, it's less of a challenge to refrain from seeing them in order to avoid the temptation to drink.

But when the people are close friends, it's a much more difficult situation and you might need to make some hard choices in order to stay sober.   

This doesn't necessarily mean that you need to give up your friends completely.  For instance, if you have close friends, who drink a lot, but who also like to engage in other activities, you could avoid meeting them at the bar and, instead, meet them at the movies.  

When you explain to your friends that you're giving up drinking, if they're good friends, it's more than likely they will encourage you to do what's best for you regardless of how they feel about drinking.

But when you have friends who might be in denial about how much they're drinking, they could perceive your sobriety as a threat because it forces them to look at their own drinking.  

As a result, they might minimize your problem in order to avoid dealing with their own drinking problem.  This doesn't mean that your friends don't care about you.  It usually means that they're afraid to look at themselves and it's easier for them to minimize your problem than to look at their own issues.

If close friends are encouraging you to join them for drinks after you've told them that you want to stop drinking, you need to make a decision about these friendships in light of your desire to stay sober.  

The same is true for friends who are only interested in going out drinking and who have no other interests.  If they're not willing to meet you for coffee or to do something else that doesn't involve alcohol, you will need to reassess these friendships because you will be putting your well-being at risk if you go along with them to bars.

Isolation Isn't the Answer:  Getting Sober Support in Self Help Meetings

You will need emotional support to maintain your sobriety, especially if you have to give up friends (see my articles: Overcoming Loneliness and Social Isolation and Changing Maladaptive Coping Strategies That Don't Work: Avoidance).

Many people who are trying to get sober isolate themselves in order to avoid alcohol.  This might work for a short time, but it's not the answer in the long run.  

Everyone needs emotional support, especially if you're taking on the challenge of staying sober.  Isolation only makes you feel lonely and it makes it that much more likely that you'll return to alcohol as your "old friend."

You can find sober support at Alcoholics Anonymous (A.A.) meetings.  Visiting several Alcoholics Anonymous meetings is a good way to find a meeting that feels right for you because every meeting is different.  

When you find a meeting that feels right for you, you can also obtain an interim sponsor, someone who volunteers him or herself in a beginners meeting to be a temporary sponsor until you find someone that you feel comfortable with, which could be your interim sponsor or it could be someone else.

Getting Help in Therapy

But what if you attend several A.A. meetings and you feel overwhelmed by these meetings? (see my article:  Early Recovery: What If 12 Step Meetings Are Too Overwhelming For You?).

Then, you would do well to consider individual psychotherapy with a psychotherapist who has experience working with people in recovery (see my article: The Benefits of Psychotherapy and How to Choose a Psychotherapist).

Even if you're attending A.A. meetings and you have a sponsor, it's a good idea to consider individual therapy to work on the underlying issues that contribute to your excessive drinking.  

A.A. meetings and sponsorship can be important components to recovery.  But if you don't eventually address in greater depth the underlying issues that trigger your drinking, you're more prone to relapse.

About Me

I am a licensed NYC psychotherapist, hypnotherapist, EMDR and Somatic Experiencing therapist who works with individual adults and couples.

I have helped many clients who are in recovery to stay sober.

To find out more about me, visit my website: Josephine Ferraro, LCSW - NYC Psychotherapist.

To set up a consultation, call me at (917) 742-2624 during business hours or email me.