California Enacts Nation’s First ‘Yes Means Yes’ Law

September 29, 2014

By Blake Neff at The Daily Caller

After several weeks of waiting, California Gov. Jerry Brown has signed into law a controversial measure that requires every university in the state receiving state financial aid to adopt a new definition of sexual assault.

Under criminal law, rape and sexual assault occur when one person forces another into sex despite the denial of consent, a standard commonly referred to as “no means no.” The new California standard, however, is one commonly referred to as “only yes means yes.” Under this standard, a sex act can only be presumed as consensual if both participants have explicitly consented. Even if no overt objections are raised at the time, if no explicit consent is obtained a sexual encounter may be defined as rape...

Cases: California: Affirmative Consent Bill Threatens Student Due Process