Providing
informed consent means that both parties have all the relevant information and are operating at the same level of understanding. For example, if one party lies about using contraception or having a sexually transmitted disease, and the other party only consents based on this lie, this does not constitute informed consent.
Consent should be
enthusiastic, meaning it takes the form of an active ‘yes,’ rather than silence or uncertainty. This element is particularly important when evaluating evidence in cases of rape and sexual assault, since too often the standard considered is whether there are signs of physical protest or struggle. Given that there are many reasons a person may not physically or even verbally protest including shock and fear the focus must be on proof of enthusiastic and affirmative consent, rather than proof of resistance.