Res. No. 648
Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.5521/A.1140, in relation to the definition of consent
By Council Members Farías, Maloney and Gutiérrez
Whereas, Consent is a voluntary, informed, and simultaneous agreement between parties to an action or proposal, serving as a foundational principle of healthy, respectful relationships between people and legally recognized agreements; and
Whereas, In order for agreement to be considered as consent, such agreement must be freely given without pressure, manipulation, threats, coercion, deception, or any form of undue influence, and requires that all parties have a full understanding of the nature and scope of what they are agreeing to; and
Whereas, Consent further requires that individuals possess the legal and mental capacity to agree, meaning they cannot be incapacitated due to drugs, alcohol, or other conditions that impair judgment or awareness; and
Whereas, Consent is an ongoing and dynamic process that applies only to the specific activity and time for which it is given, may be revoked at any point by any party, and cannot be inferred from silence or the absence of a refusal or “no”; and
Whereas, The type of influence used to cause compliance determines whether consent is present in all interpersonal conduct, including sexual conduct; and
Whereas, Consent is not present where the individual initiating sexual activity knew, or reasonably should have known, that the other person was incapacitated and therefore unable to validly consent; and
Whereas, Consent is a foundational element in determining whether a sexual encounter is lawful, ethical, and voluntary, and its absence is central to defining sexual assault and rape under criminal law; and
Whereas, The term consent is referenced throughout multiple provisions governing sexual assault under Sections 130.00 through 130.96 of the New York State Penal Law, underscoring its central role in determining whether a sexual assault or rape has occurred; and
Whereas, Although the statute provides numerous defined terms, the term consent itself is not explicitly defined within the statutory definitions section, despite being a pivotal element in the legal determination of sexual offenses; and
Whereas, While Section 130.05 addresses lack of consent, it primarily describes circumstances in which consent is absent rather than affirmatively defining what constitutes consent in law; and
Whereas, S.5521 sponsored by New York State Senator James Sanders Jr., and A.1140 sponsored by New York State Assemblymember Rebecca Seawright, seek to provide a clear and uniform definition of consent for purposes of the Penal Law to guide legal interpretation and enforcement; and
Whereas, S.5521/A.1140 would add a formal definition of consent to the general terms of general applicability within Section 10.00 of the New York State Penal Law as a freely given, knowledgeable, and informed agreement by a person possessing the capacity to reason, also known as FGKIA in advocacy contexts; and
Whereas, Clearly stating a uniform standard for consent can help prevent a wide range of harms, including sexual assault, rape, domestic violence, sex trafficking, stalking, and the nonconsensual distribution of intimate imagery, and reinforces the principle that all individuals have the right to knowingly and freely consent over their own bodies, property, and personal autonomy in all human interactions; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, S.5521/A.1140, in relation to the definition of consent.
CMB
LS#24025
5/21/26