Oh yeah folks, we've arrived at this sad point:
California debates ‘yes means yes’ sex-assault law
SAN DIEGO — College students have heard a similar refrain for years in campaigns to stop sexual assault: No means no. Now,
as universities that are facing pressure over the handling of rape
allegations adopt policies to define consensual sex, California is
poised to take it a step further. Lawmakers are considering what would
be the nation’s first measure requiring all colleges that receive public
funds to set a standard for when yes means yes. Defining
consensual sex is a growing trend by universities in an effort to do
more to protect victims. From the University of California system to
Yale, schools have been adopting standards to distinguish when consent
was given for a sexual activity and when it was not. Legislation
passed by California’s Senate in May and coming before the State
Assembly this month would require all schools that receive public funds
for student financial assistance to set an “affirmative consent
standard†that could be used in investigating and adjudicating
sexual-assault allegations. That would be defined as “an affirmative,
unambiguous and conscious decision†by each party to engage in sexual
activity. Silence or lack of resistance does not constitute
consent. The legislation says it is also not consent if the person is
drunk, drugged, unconscious or asleep. Lawmakers say
consent can be nonverbal, and universities with similar policies have
outlined examples as maybe a nod of the head or moving in closer to the
person.No state legislation has gone as far as California’s bill in requiring a consent standard. Critics
say the state is overstepping its bounds. The Los Angeles Times, in an
editorial after the bill passed the state Senate 27 to 4, wrote that it
raises questions as to whether it is “reasonable†or “enforceable.†The
legislation is based on the White House task force’s recommendations. “It
seems extremely difficult and extraordinarily intrusive to micromanage
sex so closely as to tell young people what steps they must take in the
privacy of their own dorm rooms,†the newspaper said.