Some Key Terms

Consent: Free and active agreement, given equally by both partners, to engage in a specific sexual activity. Giving in is not the same as giving consent! Consent is not present when either partner:

• Fears the consequences of not consenting (including use of force)
• Feels threatened or intimidated
• Fears being "outed"
• Is coerced
• Says no, either verbally or physically (e.g., crying, kicking or pushing away)
• Has communication barriers that prevent the person from understanding what is
• being said.
• Has differing abilities that prevent the person from making an informed choice
• Is incapacitated by alcohol or drugs
• Lacks full knowledge or information of what is happening
• Is not an active participant in the activity
• Is under the legal age of consent

Force: Minnesota statute defines force as the threat of bodily harm which causes the individual to reasonably believe that the threat could be carried out immediately, or the infliction of bodily harm, either of which cause the individual to submit to unwanted sexual behavior.

Coercion: Statute defines coercion as words or circumstances that cause a person to fear that the other will inflict bodily harm, or confine the person. It also means the use of physical size or strength which causes the person to submit to an unwanted sexual act.

When talking about coercion, victims identify that they have been badgered, tricked, threatened with being "outed," kept from eating, sleeping, leaving, using the bathroom, or otherwise held hostage until they quit resisting. Not all coercive acts fall under the statutory definition, but that does not deny a victim's right to identify an experience as coercive. Giving in to coercion is not the same as giving consent!