Affirmative consent in California: Gov. Jerry Brown signs the "yes means yes" law.

peter.suber's bookmarks 2014-09-30

Summary:

"The "she didn't say no!" defense lost a little of its power over the weekend. Sunday, the progressive governor of California, Jerry Brown, knocked another one off the feminist wish list, signing into law a bill that requires universities in the state to adopt an "affirmative consent" standard to be used when investigating sexual assault complaints on campus. This means that during an investigation of an alleged sexual assault, university disciplinary committees will have to ask if the sexual encounter met a standard where both parties were consenting, with consent defined as "an affirmative, conscious and voluntary agreement to engage in sexual activity." Notice that the words "verbal" or "stone sober" are not included in that definition. The drafters understand, as most of us do when we're actually having sex, that sometimes sexual consent is nonverbal and that there's a difference between drunk, consensual sex and someone pushing himself on a woman who is too drunk to resist...."

Link:

http://www.slate.com/blogs/xx_factor/2014/09/29/affirmative_consent_in_california_gov_jerry_brown_signs_the_yes_means_yes.html

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Tags:

consent

Date tagged:

09/30/2014, 20:53

Date published:

09/30/2014, 16:53