AFFIRMATIVE CONSENT
Knowing, voluntary, and clear permission, through word or action,
to engage in mutually agreed upon sexual activity or contact.
Since different people may experience the same interactions differently, each party is responsible for making sure that partners have provided ongoing, clear, affirmative consent in any sexual activity or contact.
A person may withdraw consent at any time during sexual activity or contact through words or action. If that happens, the other partner must immediately cease the activity or contact. Pressuring another person into sexual activity can constitute coercion, which is also considered to be sexual misconduct.
Silence or the absence of resistance alone does not constitute consent. A individual is not required to resist or say "no" for an offense to be proven. Consent may not be inferred from silence, passivity or lack of resistance.
Consent to some forms of sexual activity (e.g. kissing, fondling, etc.) should not be construed as consent for other kinds of sexual activities (e.g., oral sex or intercourse).
Being or having been in a dating relationship with the other party does not mean that consent for sexual activity exists.
Previous consent to sexual activity does not imply consent to sexual activity in the future.
To legally give consent in California, individuals must be at least 18 years old.