Interpersonal Violence Resources and Prevention

Sexual Misconduct & Consent Defined

Sexual misconduct (according to Eastern Illinois University's Student Code of Conduct) is defined as "“any physical act of a sexual nature, committed under duress or by force, or without the consent (a freely given, knowing agreement) of the individuals involved. Consent is deemed incapable of being given if the person’s physical, and/or mental control is markedly diminished as the result of alcohol, other drugs, illness, injury, or any other reason.”

Consent is defined as a freely given agreement to sexual activity.  Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force does not constitute consent.  The manner of dress of the victim at the time of the offense shall not constitute consent.  

A person who initially consents to sexual conduct is not deemed to have consented to any sexual conduct that occurs after he or she withdraws consent during the course of that sexual conduct. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in activity with another. Consent can be withdrawn at any time. Consent cannot be given when a person is unable to understand the nature of the activity or cannot consent based on circumstances including but not limited to:

1. Incapacitation due to the influence of drugs or alcohol;
2. The person is asleep or unconscious;
3. The person is not of legal age to consent; or
4. The person is incapacitated due to a mental disability.

Consent must be given each time parties engage in sexual activity.  Consent given on a prior occasion does not indicate future consent.