State of Consent in California

September 12, 2014

By Marrie Lobel at The Huffington Post

As college students file onto campuses across the country with crammed backpacks and surging hormones, California Senate Bill 967 patiently rests on Governor Brown's desk awaiting his signature. Nothing defines the college experience like frat parties and alcohol fueled debauchery but in response to headlines filled with "Campus Rape" and "Sexual Assault" state lawmakers took steps to temper the sexual behavior of students enrolled in universities and colleges across the state by passing legislation adopting affirmative consent. This isn't the first time affirmative consent appeared in the news; Antioch College made morning headlines and night-time fodder when they introduced it into their Student Code of Conduct in the early 1990's. The general consensus at the time, which reverberates now, is the effort for sexual correctness has gone too far. Opponents trumpet the bill's expectation for affirmative consent to be "ongoing throughout a sexual activity" as unrealistic; proponents herald the bill's "Yes means Yes" stance where "lack of resistance" or "silence" does not mean consent...

Cases: California: Affirmative Consent Bill Threatens Student Due Process