MN HF116

Requires Minnesota postsecondary institutions to establish affirmative consent standards in sexual assault policies, including requirements that consent be active, knowing, voluntary, and explicitly communicated through words or actions.

Establishes that silence is not consent, consent to one form of sexual activity does not imply consent to others, consent may be withdrawn at any time, and previous relationships do not imply future consent.

Deems individuals incapable of consenting when unable to communicate or understand the nature of sexual activity due to mental or physical incapacity, or when physically helpless from drugs, alcohol, or sleep.

Creates a sexual violence prevention grant program administered by the commissioner of higher education with a ten-member advisory council including representatives from postsecondary institutions, students, nonprofits, law enforcement, and state agencies, with individual grants capped at $100,000.

Appropriates unspecified amounts to the commissioner of education for a grant to the Sexual Violence Center to develop age-appropriate affirmative consent curriculum for voluntary use in middle and high schools, and to the commissioner of higher education for sexual violence prevention grants.