Affirmative consent is a knowing, voluntary, and mutual decision among all participants
to engage in sexual activity. Consent can be given by words or actions, as long as
those words or actions create clear permission regarding willingness to engage in
the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate
consent. The definition of consent does not vary based upon a participant’s sex, sexual
orientation, gender identity, or gender expression. NYS Education Law, art. 129B,
§6441