In defining consent, there's a gap between the law, culture

1 / 2FILE - In this Friday, Aug. 1, 2014 file photo, new students at San Diego State University watch a video on sexual consent during an orientation meeting in San Diego. Just what constitutes an expression of consent is a hotly debated topic in the justice system and in society at large.

There is no uniform legal definition of consent. That's because sexual assault laws, of which consent is often a key component, vary widely state by state. Consent has become a front-burner issue in the #MeToo era, which since late 2017 has shone a light on sexual assault and harassment in an unprecedented way. But it's been a crucial issue on college campuses — often a laboratory for social change — for decades.

Negative reaction shut down further movement toward such policies — for a while. But in recent years, campus activists have refocused on consent amid rising concern over sexual assaults at U.S. colleges and universities. President Barack Obama's administration put pressure on universities to update their codes and launched"It's On Us," a campaign to end campus sexual assault.

Hanna's group has come up with five key requirements for an affirmative consent definition, which include"a voluntary, affirmative, conscious, agreement" that can be revoked any time during an encounter. Also, a previous relationship does not imply consent, force or coercion cannot be used to get consent, and crucially, a person incapacitated by drugs or alcohol is incapable of giving consent.

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