What Does Non-Consensual Sex Mean?

Non-Consensual Sex Meaning

Non-consensual sex is best defined as engaging in sexual activity with another person, regardless of gender, that he/she did not agree to participate in. There are several different ways to communicate and determine if it was a consensual or non-consensual encounter.

Non-consensual sex, or sex without consent, can be communicated by:

Verbal communication: The old saying, “NO MEANS NO” is still true today. If he/she says NO and you ignore the person’s desires, consider yourself in a jumpsuit that has the letters of the local jail/prison on it due to non-consensual sex or sexual misconduct.

There is NEVER a time that NO means YES! Even if you think he/she was just saying NO to play hard to get, a verbal signal that the person does not want to engage in a particular sexual activity must be respected. If it is not, that person can claim you had a non-consensual encounter with him/her (i.e. sexual assault or sexual violence).

Non–verbal communication: By use of his/her hands, feet, arms, legs, etc., a person can communicate through body language to you that he/she means NO to consensual sex, making it non-consensual.

For example, if you are pushing her head down towards your penis to give you a blow job and she is resisting with her head/body the best way she knows how, that is one way of physically communicating that she says NO to consensual sexual penetration (no matter if it’s vaginal or anal penetration). If you continue to force her head toward your penis, she can assert that you engaged in sexual assault or sexual violence, which is the non-consensual sex meaning, with her.

Another way sexual relations may be considered non-consensual intentional bodily contact is if the person you chose to become intimate or perform intentional sexual touching with has some extenuating circumstances. For example, a lack of mental capacity to understand what is going on or mental incapacitation, ie. drugs, alcohol, age, etc.

If the person you engage in sexual activity with does not have the ability to understand what is going on and/or what YES/NO means, in terms of sexual activity, once you engage that person for sexual contact, you can be charged with non-consensual sex.

If the person you engage in sexual activity with is too high or drunk to understand the sexual nature of what he/she is engaged in, under the law you will be considered to have had a non-consensual sexual relationship with that person (i.e. sexual assault or sexual abuse).

How Non-Consensual Sex Leads to Sexual Misconduct Charges

If you decide to move forward with sexual activity AFTER your partner has said NO, you are setting yourself up to be charged with non-consensual sex.

Sexual contact without consent, which is the non-consensual meaning, is a very common accusation made when it comes to sexual harassment, sexual exploitation, or sexual misconduct offenses.

Once a claim of non-consensual sexual activity is made, you are now on the defense. Anyone can claim to have a non-consensual sexual encounter with you, and then YOU have to clean up all the pieces.

In other words, once an accusation of non-consensual sexual contact is made, instead of being innocent until proven guilty, nowadays, you are guilty until proven innocent.

You may think that the person would never tell anyone about your non-consensual encounter, as if it was your little “secret.” NOT TRUE! There is a high likelihood that he/she will say something to someone eventually, especially if they felt like it was without consent.

If the person tells someone about your non-consensual sex activity in confidence, and they end up telling someone else, the police department may be the next place the game of telephone goes.

If he/she tells someone about your non-consensual sexual intercourse, and that someone is a mandatory reporter, i.e. required under the law to tell law enforcement, then your “secret” will be told to the police.

The bottom line is, CONSENT is the easiest way to ensure that you continue to stay on the right side of the law. Once non-consensual sexual encounter is asserted, your life will change forever.

Trust Nicole Blank Becker of Blank Law, PC to Handle Your Non-Consensual Sex Case

If you are ever accused of or charged with having non-consensual sex in Michigan, choosing an experienced sexual assault defense attorney who focuses solely on sex crimes could make the difference between getting a conviction and having your charges dropped.

You do not want to take a gamble with inexperienced sex offender lawyers who charges less when your entire future depends on the outcome of your case.

Nicole Blank Becker of Blank Law, PC is a top Michigan criminal defense attorney and is solely focused on sex crimes. She has prosecuted and defended thousands of accused people for all four degrees of criminal sexual conduct and sexual related crimes, with unmatched success.

Nicole handles, but is not limited to, the following types of cases: