In the following situations, there is no consent: the complainant is too intoxicated to give consent the complainant does not have the mental capacity to give consent the complainant takes back consent by words or gestures and shows disinterest to continue on the previously consented sexual activity the accused is in a position of authority, power, or trust where consent is given by another person other than the complainant the complainant is under the age of 16 (subject to close-in-age exception)