Consent: Yes Model vs. No Model
There are many who misunderstand the true definition of rape and consent. If you are under the impression that a person needs to say the word ‘no’ in order for a sexual act to be considered rape, you are greatly mistaken. Consent is not the absence of the word ‘no.’ In fact, the very opposite is true. Consent is only present if there is a ‘yes.’ New Jersey defines consent as “affirmative and freely-given permission.” Further, that “permission may be inferred either from acts or statements reasonably viewed in light of the surrounding circumstances.” Here I will aim to unpack those two statements. The Yes Model Each jurisdiction throughout the United States uses either the Yes Model or the No Model for defining consent. As of 1992, New Jersey has used the Yes Model, which has been employed by a growing number of states. I have no doubt this will be the predominant model within time. The Yes Model simply states that consent must be communicated in some way before the couple engag