What You Need to Know About Sexual Consent at College

Movies and TV have capitalized on college tropes for the longest time, convincing many viewers that the experience of further education is pivotal for personal growth. While they do address some of the angst surrounding this life transition, they do little to tackle the bigger conversations around sexual consent, safety and alcohol use in college.

Often, the drinking and partying culture that pervades some college experiences can put young adults at risk for sexual violence. Women between the ages of 18 and 24 are at an elevated risk of sexual violence, according to the Rape, Abuse & Incest National Network (RAINN), a consent advocacy organization.

According to RAINN, about 13 percent of all students experience rape or sexual assault, with 26.4 percent of female and 6.8 percent of male undergraduate students experiencing rape or sexual assault through physical force, violence or incapacitation. Students face an increased risk during the first few months of their first and second semesters in college, with more than 50 percent of college sexual assault cases happening between August and November.

College sexual assault is on the rise

The rate of nonconsensual sexual contact increased by 3 percent from 2015 to 2019, according to findings from an Association of American Universities (AAU) report. In all, 33 private and public institutions in the United States participated in the survey and more than 108,221 undergraduate students were surveyed.

According to the report, approximately half of the incidents of nonconsensual penetration involved physical force and half involved an inability to consent.

In 2015, the grim case of the sexual assault of an unconscious 22-year-old woman by then-19-year-old student-athlete Brock Turner on Stanford University's campus caused national headlines. Public and media outcry escalated when Turner was sentenced to six months in jail with three years of probation and lifelong registration as a sex offender. He would go on to be released for good behavior halfway through his sentence.

The impact of the case led many universities and lawmakers to reexamine the notion of sexual consent and the urgent need for education about consent.

It's important for students to understand the general meaning of consent and to know their university's definition of consent, according to Tracey Vitchers, executive director of It's On Us, a nonprofit program dedicated to college sexual assault prevention and survivor support.

The age of consent isn't universal across the United States, ranging from 16 to 18 years, depending on the state.

"Right now, there is no uniform definition of consent that is required in all 50 states at all colleges and universities," Vitchers said.

"Enthusiastic consent is key," she added. "A combination of verbal and nonverbal cues is an indication of an individual's interest in participating in sexual activity. It is also important that seeking and providing consent be an ongoing process."

A partner's response is considered consent only if given freely and without any sort of peer pressure, according to Vitchers, noting she and her organization encourage students to recognize that a "yes" given because someone has been pressured—including repeated asking or coercing—is not consent.

And a lack of a "no" does not mean consent, either.

Alcohol safety and Greek life

"If somebody is under the influence of drugs or alcohol, they cannot consent," Vitchers said.

The use of substances such as alcohol and drugs can inhibit a person's physical and mental capabilities. In the context of sexual assault, it can make a person easy prey for a perpetrator while also impacting their ability to remember an attack.

Sexual assault, in any scenario, is never the victim's fault, but there are some steps you can take to help feel safe when you're consuming alcohol. The rule of thumb is to never accept drinks from strangers and never leave your drink unattended.

If you're attending a college party with your friends, be sure to check in on each other. Let any feelings of discomfort be known and trust your instincts. Know that you can say "no" when someone offers you a drink.

Alcohol and parties are a big draw presented by Greek life, in other words, fraternities and sororities. Vitchers strongly believes individuals in Greek life need to have mutual respect. Her organization, It's On Us, encourages individuals interested in rushing fraternities or sororities to understand what social life looks like on their campus and how the dynamics of Greek life play out within the student community.

A study found men who participate in Greek life are more likely to perpetrate sexual violence and more likely to be repeat perpetrators of sexual violence. Women in sororities are three times more likely to experience sexual assault than women who don't participate in Greek life. And that sexual assault incident often happens at the hands of a fraternity brother.

"It's really important that fraternity members, in particular, receive comprehensive prevention education," Vitchers said.

See something, say something

For survivors of sexual assault, irrespective of the circumstances, it's important to remember that it is never your fault. But many times, a spiral of self-blame and guilt can deter victims of sexual violence from reporting the crime. Only 20 percent of female student victims between the ages of 18 and 24 file reports to law enforcement.

RAINN reports that in 8 of 10 instances of sexual assault, the perpetrator knows the victim and vice versa, which can make it difficult for victims to seek assistance, especially if they share a friend group or class with the perpertrator. However, every survivor deserves support and care.

Although reporting or seeking support can seem daunting, it's important to note there are systems at your university to support you.

Habibatou Ba, a support specialist at the University of British Columbia's Sexual Violence Prevention and Response Office (SVPRO), explained that when working with students who are sexual violence survivors, one of the first hurdles is assuring them that the resources in place are set up to ensure their comfort and safety.

"We're about safety and connecting people to resources," she added.

SVPRO offers aid such as emergency funding and academic accommodation, as well as discussion of options for reporting. The primary role of SVPRO is to help "recenter" people, she noted.

For students who are victims of sexual violence and want to make a report, there are options available. First, they can make the decision to report the incident to their Title IX coordinator. In the context of universities, Title IX requires schools to protect students from sex-based harassment and violence. Institutions are required to ensure that an individual who has experienced sexual violence is cared for and given access to support services.

Once the report is made, the Title IX coordinator is required to take corrective action to ensure that the harm does not continue. The school also opens up an investigation and adjudication process into the incident.

"Some schools offer confidential resource advisors, or CRAs, who are either employed by the institution or are made available through a local rape crisis center that partners with the university," Vitchers said.

Students can also reach out to CRAs to weigh their options before deciding to make a report.

In the event they feel safe enough, students can file a report with local law enforcement. However, Vitchers acknowledged: "In many cases, student survivors don't choose to go to law enforcement for many reasons, particularly students from historically excluded communities like students of color or the LGBTQ community. [They] often don't feel that law enforcement is a safe place for them to turn."

Many colleges offer support in the form of school counselors, religious clergy and survivor support groups that can serve as safe spaces to heal.