According to RCW 9A.44.010, the State of Washington defines consent as: “at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.” Therefore, consent has not been (and cannot be) given if the following factors are involved:
Use of threats, violence, pressure and coercion, or manipulation in any manner
Absence of clarity of mind or reasoning due to use of alcohol, drugs, unconsciousness, or a state of sleep
Physical or mental inability to make a decision regarding consent (for example, among persons with disabilities)
If the individual is under the age of 16
Legal jargon aside, the notion of consent is one that centers around the idea of agreement. In essence, if one party did not or cannot give consent to a sexual activity, it could likely be considered sexual abuse.