Considering our nation's current political climate, it is important to discuss the difference between sexual assault and sex. The difference between the two should be a no-brainer. It should take little to no effort to understand the difference, and yet it appears a good majority of our politicians have absolutely no comprehension.
The difference is consent.
But what is consent?
The legal definition of consent varies by state--and even by university--but a few factors remain constant. For instance, in order for consent to be given, it must be given freely--meaning one cannot be coerced or forced--it must be given in the right state of mind--meaning one cannot be inebriated by drugs or alcohol--and the individuals involved must be of the correct ages--which largely depends on the age of consent in each state.
Kent State University's consent policy, as found in the Code of Student Conduct is as follows: "Consent is defined as the voluntary, unambiguous agreement to participate in an act, the nature of which is known to and understood by the consenter. Consent may be given verbally or nonverbally and may be withdrawn at any time before completion of the act. 1. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of alcohol or drugs, or age."
Although this is undeniably a step up from the consent policies of several universities across the country, it also leaves a lot to be desired. Specifically, it leaves out the idea of "affirmative" consent.
Affirmative consent focuses on the idea that "yes means yes," and acts as a retaliation to the popular phrase "no means no."
Why is there a distinction?
"No means no" puts the onus on the individual being assaulted to stop the assault. Many individuals who are assaulted are not able to say no for whatever reason while the attack is occurring. Some individuals may not even know they are being assaulted.
Emphasizing "yes means yes" and affirmative consent means that attackers can be adjudicated for sexual assault without ever being told "no"--it means that perpetrators can face punishment in situations where the victim simply laid still and remained silent. It recognizes the fact that a lack of a "no" is not a "yes." It means that silence and consent are not the same thing.
What is being done about it?
A student organization at Kent State University called Students Against Sexual Assault has proposed a change in Kent's current consent policy in order to promote affirmative consent and protect the rights of survivors of sexual assault.
Throughout the past two semesters, SASA has organized several demonstrations, including a series of powerful stories and pictures which clarify the difference between sex and sexual assault. Other demonstrations included a fence on which to tie ribbons in honor of those affected by power-based personal violence, and a pile of mattresses with a sign wittily stating: "You didn't tell us to put these mattresses here, but you didn't tell us not to! Silence does not equal consent."
Most recently, SASA put up a huge poster with the statement "Consent Is..." and asked students passing by to fill out a heart with their answers.
Some answers included:
Mandatory
Required
Necessary
Mutual
Respect
Sober
Not-optional
Common Sense
Enthusiastic
Consistent
The Right Thing
Obviously Kent State students understand the importance of consent--at least many of them do. Now we just need to work to get administration on board as well.
How do I get involved?
Check out the Affirmative Consent Policy-change Campaign's website. It has all the information you need to get involved, thoroughly understand the new policy being proposed, why the new policy is necessary, and pictures from all of the previous demonstrations.
