Consent is a freely given agreement to the act of sexual penetration or sexual conduct in question that may be withdrawn at any time. Lack of verbal or physical resistance or submission by the complainant resulting from the use of force or threat of force by the respondent shall not constitute consent. Silence is not consent. The absence of refusal is not consent. The manner of dress of the complainant at the time of the offense shall not constitute consent. A current dating relationship or past sexual relations does not imply consent. A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after they withdraw consent during the course of that sexual penetration or sexual conduct. Consent to engage in sexual activity with one person does not extend to another person.
Consent can only be given by an individual that understands the nature of the activity. The following individuals cannot give consent:
1. An individual who is impaired due to alcohol or drug ingestion.
2. Sleeping or unconscious person.
3. An individual under the age of 17.
4. An individual who is incapacitated due to a mental disability.