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In the context of sexual assault, consent is the act by which people can agree to partake in sexual activity. Additionally, consent is the way in which most states determine legal action in cases of sexual assault. Consent laws vary from state to state, but for the most part address three main areas:

  • Ability to consent: This factor most often concerns issues of alcohol and its effects to impede someone’s ability to make an informed decision. It can also cover some people with disabilities- more specifically some people with intellectual or developmental limitations.
  • Willingness to consent: This factor considers a person’s need to be allowed to make this decision free from coercion, force or threat. It also often mentions that if a person fails resist advances, the action (or inaction) is not the same as consent. Consent requires a very specific affirmative answer.
  • Age of consent: This consent area defines a minimum age when the state finds a person able to consent to sexual activity. Laws vary from state to state and sometimes differ for young women and men.

The above areas can have an additional impact on people with disabilities. In addition to laws addressing those areas above, some states specifically address the ability of people with disabilities to consent to sexual activity. Because of this, it is particularly important for providers working with people with disabilities who have experienced sexual assault to be aware of the laws in your state.