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Sex Consent & You Brochure

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Sex Consent & You Brochure Reproductive coercion can be exerted in many ways: Consent and the Law Consent can be withdrawn at any time—including Monitoring your menstrual cycles. after penetration. Refusing to use a condom or other type of birth Consent must be based on an affirmative, Got AFFIRMATIVE Consent? control. conscious, informed and voluntary agreement; Breaking or removing a condom during and given by everyone involved in a sexual So, what else does California Law say about consent? encounter. intercourse. Lying about their methods of birth control (for California Penal Code Consent is not valid if given as a result of fear, example, lying about having a vasectomy, lying California Penal Code §261.6 states consent is coercion, force, violence, threat of violence or Sex, about being on the pill). “...positive cooperation in act or attitude pursuant to retribution. an exercise of free will. The person must act freely and Refusing to "pull out" if that is the agreed Silence or lack of protest or resistance do not voluntarily and have knowledge of the nature of the upon method of birth control. mean consent. Consent & act or transaction involved. A current or previous The absence of a “yes” means “no.” Forcing you to not use any birth control (for dating or marital relationship shall not be sufficient to example, the pill, condom, shot, ring, etc.). constitute consent where consent is at issue in a A request for condom or birth control use does Sabotaging birth control methods (for example, prosecution.” Per California Penal Code §261.7, a not, in and of itself, constitute consent. You poking holes in condoms, tampering with pills or request by a victim for a sexual misconduct or violence Consent for one act (e.g., intimate touching, oral flushing them down the toilet). perpetrator to “use a condom or other birth control sex) does not establish consent for other acts Withholding finances needed to purchase birth device, without additional evidence of consent, is not (e.g., vaginal sex, anal sex). Quick Facts on sufficient to constitute consent...” control. Relationship status, being "in love," previous Forcing pregnancy and not supporting your California Education Code sexual intimacy, spending money on someone, Consent, decision about when or if you want to have a California Education Code §67386 establishes an helping a fellow student with a project, or other child. affirmative consent standard for colleges and circumstances do not obligate anyone to be Sexual Coercion and universities and the students and employees who sexually intimate with someone else if they do Forcing you to get an abortion, or preventing you attend and work at California institutions of higher not want to be; nor do these or any other factors Sexual Violence from getting one. education. entitle anyone to sex. Threatening you or acting violent if you don't An incapacitated person cannot give consent. "'Affirmative consent' means affirmative, conscious, comply with their wishes to either end or Incapacitation includes lacking the ability (mental and voluntary agreement to engage in sexual activity. It continue a pregnancy. or physical) to make informed, rational decisions; is the responsibility of each person involved in the and being unable to understand the nature, extent Continually keeping you pregnant (getting you sexual activity to ensure that he or she has the or consequences of the sexual activity. pregnant again shortly after you give birth). affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does Examples of incapacitation include an individual: not mean consent, nor does silence mean Is asleep or unconscious. The Key to Prevention consent. Affirmative consent must be ongoing Is under the influence of alcohol, drugs, throughout a sexual activity and can be revoked at any medications, or other substances to the Perpetration of sexual misconduct and violence is a choice. time. The existence of a dating relationship point of incapacitation. Choose not to abuse. between the persons involved, or the fact of past Has a mental or physical condition or sexual relations between them, should never by itself disability that prevents giving consent. The key to preventing sexual violence and misconduct be assumed to be an indicator of consent..." is to obtain valid consent for all sexual conduct. If Content used by permission of the National Domestic Violence Hotline consent has not been given or has been withdrawn, do The bottom line: www.thehotline.org • 800.799.7233 • 800.787.3224 (TTY) Cal State LA not initiate sexual activity or immediately stop the What you need to know about consent Student Health Center Project SAFE is the Cal State LA Student Health Center Health Promotion activity. It is your responsibility to obtain clear and and Education Center’s dating and domestic violence, sexual violence and stalking awareness program. Health Promotion and ongoing affirmative consent before initiating any Remember, nonconsensual sexual conduct is a crime as well as a For additional information and resources, please visit: sexual activity - even when you are intoxicated. www.calstatela.edu/studenthealthcenter/safe Education Center violation of campus policy. Minors (under 18) cannot give legal consent. References available upon request. April 2015 (revised April ‘18) Ignoring your feelings regarding sex. Quick Facts Criminal Sexual Conduct According to California Law, consent for sex Forcing you to watch pornography. Sexual violence and misconduct, dating violence, Criminal sexual conduct is defined by the California can be withdrawn at any time — Purposefully trying to pass on a sexually domestic violence, and stalking are prohibited by Penal Code. including after penetration! transmitted disease to you. federal and state laws and campus policies. Survivors have numerous rights granted by federal Criminal Sexual Conduct includes: and state laws. When the person is incapable of giving legal Nearly 50% of women and 20% of men Oral copulation: Oral-genital or oral-anal consent because of a mental disorder or Perpetrators are subject to suspension, expulsion, have been the victim of contact. developmental or physical disability. restitution, arrest, and other sanctions. sexual violence other than rape. Rape: Sexual intercourse with someone who is When a person is prevented from resisting by an not the spouse of the perpetrator. Any sexual intoxicating or other substance (e.g., alcohol). Almost 20% of women and penetration, however slight, is sufficient to Where a person was unconscious or asleep or not Sexual coercion 1.5% of men have been raped. complete the crime of rape. aware of the act. Sexual coercion can vary from being egged on and Sexual battery: Touching an intimate part (e.g., persuaded, to being forced to have contact. It can be genitals, anus, groin, or buttocks of anyone; breast When a person is illegally restrained. verbal and emotional, in the form of statements that of a female). Against the victim’s will by threatening to Sexual Violence Defined make you feel pressure, guilt, or shame. You can also Sexual penetration: Penetration, however slight, retaliate in the future against the victim or any other person. be made to feel forced through more subtle actions. Sexual violence is an umbrella term for nonconsensual of the genital or anal opening of any person or Sexual coercion can include someone: sexual conduct. Sexual violence includes: causing someone else to penetrate the perpetrator When deceit is used to make a victim believe the sexual contact is being done by someone other Making you feel like you owe them. Attempted or completed unwanted anal, oral and or another person with any foreign object than the person doing it. Giving you drugs and alcohol to "loosen up" your vaginal penetration. (including body parts other than a penis), substance, instrument, device, or unknown Against the person’s will by threatening to use inhibitions. Being made to penetrate someone else without object. the authority of a public official. Playing on the fact that you're in a relationship, consent. Sodomy: Contact between the penis of one While voluntarily helping another person to saying things such as: "Sex is the way to prove Sexual coercion—unwanted anal, oral or vaginal person and the anus of another person. Any perpetrate the crime. your love for me.” penetration after being pressured in a non-physical sexual penetration, however slight, is sufficient to Reacting negatively if you say no or don't way. Causing another person to commit these crimes. complete the crime of sodomy. immediately agree to something. Unwanted non-contact sexual experiences, such as Spousal rape: Sexual intercourse with the spouse Continuing to pressure you after you say no. being made to show genitalia. of the perpetrator. Any sexual penetration, Other Forms Making you feel threatened or afraid of what Unwanted sexual contact that doesn’t involve however slight, is sufficient to complete the crime. of Sexual Abuse might happen if you say no. penetration, such as being kissed, fondled or Unlawful sexual intercourse: Sexual intercourse What else can sexual violence look like? Take a look*: Trying to normalize their sexual expectations, for grabbed. with someone who is a minor (less than 18 years example "I need it, I'm a man." of age) and not the perpetrator’s spouse. An abusive partner: Attempts to commit any of the above acts. Help is Available on Campus Forcing you to dress in a sexual way. Reproductive coercion Other illegal sexual conduct. Call 911 in an Emergency Insulting you in sexual ways. Reproductive coercion is a form of power and control where one partner strips the other of the ability to Forcing or manipulating you into having sex or Student Health Center: 323.343.3302 Without Consent control their own reproductive system. It is sometimes www.calstatela.edu/studenthealthcenter/safe performing sexual acts. When a person is incapable of giving legal difficult to identify this coercion because other forms Holding you down during sex.
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