Consent may not be inferred from silence, passivity or lack of active resistance alone. A current or previous dating or sexual relationship is not sufficient to constitute and consent to one form of sexual activity. It does not imply consent to other forms of sexual activity. Being intoxicated does not diminish one's responsibility to obtain consent. In some situations, an individual may be deemed incapable of consenting to sexual activity because of circumstances or the behavior of another, or due to their age.