Consent is the free expression of agreement to an activity. Consent in sexual activity means that:
- Individuals have the right to withdraw consent at any time before or during sexual activity.
- Consent cannot be given by someone who is incapacitated or unable to consent.
- If a person is uncomfortable saying no to sex with someone who has power over them (their employer, landlord, religious leader, doctor, senior officer, etc.), great care must be taken to communicate honestly about consent in that situation.
- Under Virginia law, a minor under 15 cannot consent to sex with an adult, and inmates cannot consent to sex with jail staff or law enforcement.
- Not fighting back is not the same as consent.