- California, the first state to implement this law, will require colleges that want to keep their state funding intact to deploy the "affirmative consent" standard when adjudicating sexual assault cases. This means that campus authorities will have to establish whether the partners obtained "affirmative, conscious, and voluntary" agreement. Although non-verbal consent is allowed, verbal is better. And it has to be obtained at every stage — touching, kissing, and foreplay — not just initially.
I have so much to say on this subject, I don't even know where to start. This article makes some points but theres so much more. I'm a firm believer that while there is a problem with rape and consent on college campuses (and off), this is not a solution. I also agree there is a problem with the reporting and handling of rape cases on campus (and off), this again is not a solution.
I sincerely don't understand why it is so difficult for some people to just freakin talk about the thing you're doing!! Every time I have a new partner, I pretty much force them to have a conversation about exactly what they are in to, and if the situation is developing more "organically" or whatever (meaning without previous conversation with some dictating of boundaries) , check in at every step of the way. It's not hard. It's not hard to do without ruining the flow, either. However, having a bureaucratic organization oversee this process posthumously? Sounds like a nightmare.
I have to agree, this law seems to be all for show. I've heard most colleges in California already have polices on the books that comply with the law, if that's the case how's a law like this gonna hold schools accountable for going through on allegations of rape? To me, all this is gonna do is muck up what constitutes rape. Worse case scenario we'll have an "guilty until proven innocent" system for accusing men of rape, which is just gonna widen the gender gap.