California Enacts ‘Yes Means Yes’ Law, Defining Sexual Consent

Gov. Jerry Brown has signed a bill into law that makes California the first in the nation to have a clear definition of when people agree to sex. The law goes further than the common “no means no” standard, which has been blamed for bringing ambiguity into investigations of sexual assault cases.

The new law seeks both to improve how universities handle rape and sexual assault accusations and to clarify the standards, requiring an “affirmative consent” and stating that consent can’t be given if someone is asleep or incapacitated by drugs or alcohol. Full Article

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I don’t really understand… sexual assault (under whatever applicable name) is an offense punishable under the California Penal Code. As such it is a matter for the Criminal Justice System. Not the University or College. No?

From the text:

(1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967

Exactly what is “Affirmative Consent”? A coy look? A furtive nod? A ‘thumbs up’ selfie? An audio recording spelling out in detail the impending and agreed upon activity? A notarized written agreement? And “Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.” At what interval? Every 10 seconds? Do ecstatic shouts of “yes” count? Were they really meant in that context?

I never thought the day would come I am thankful to be an old fart…

I wonder how many retroactive complaints will be coming out of the woodwork for past encounters? I would imagine there are thousands, maybe tens of thousands of such complaints that could be put forth based upon this legislation alone. This law seems rife with the potential for women to make easy money or score easy victimization points with false accusations from years, perhaps decades ago.

Every coin has 2 sides now doesn’t it.

Fallout from campus sexual assault hysteria: College men now suspicious of women

http://washingtonexaminer.com/fallout-from-campus-sexual-assault-hysteria-college-men-now-suspicious-of-women/article/2552346

It figures..california of all places..probably college students will have to use the wrestler Daniel Bryan catch phrase loud and clear when its hoochie coochie ..YES..YES..YES..YES..YES..!!!!!!!

It helps with population control…

This law is ridiculous, and that’s coming from someone without any experience. Let’s flip it around; a man and woman are having sex, the man climaxes before the woman. In this situation the woman should have to ask the man if it’s okay to continue. Actually scratch that because under this law any moment to moment change could require either partner (no matter which genders they happen to be) to ask for consent.