What is consent?

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In Alaska state law, consent is a "freely given, reversible agreement specific to the conduct at issue, "freely given" means agreement to cooperate in the act was positively expressed by word or action. "**

Freely given means an agreement to cooperate in the act was positively expressed by word or action. Consent is about choice and cannot be given under the influence of drugs or alcohol or from pressure or manipulation. 

You can change your mind at any time. You can agree and then change your mind. Without consent the act should stop.

Agreement involves participation  in the decision making .

Consent is communication. Consent should be positively expressed by word or action for each act.  

 (10) "without consent" means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, "freely given" means agreement to cooperate in the act was positively expressed by word or action.   

To learn more about this bill and the need for legislative reform to improve safety for all Alaskans, please visit here for the House Bill 5 Policy Primer.  

To ensure passage of this important human rights legislation, 3 provisions of House Bill 5 were added into another public safety bill, House Bill 325. The 3 provisions included are the new consent definition, establishing the crime of rape by fraud, and requiring all rape kits be tested within six months. To read more about the final bill please visit here.