California Sexual Consent Bill, 'Yes Means Yes' Sets Record Straight: An End To Date Rape?
California has become the first state to legally define affirmative sexual consent, while also adopting requirements for colleges to follow when investigating sexual assault reports, The Associated Press reported. Gov. Jerry Brown signed the bill, SB967, dubbed the “yes means yes” law, first introduced by Sen. Kevin de Leon and approved by state lawmakers last month. Campus sexual assault victims and women's advocacy groups had petitioned Brown's office on Sept. 16, urging him to support the bill.
In clear language, the new law defines affirmative consent as “affirmative, conscious, and voluntary agreement to engage in sexual activity. … Lack of protest or resistance does not mean consent, nor does silence mean consent.” The bill also states “consent must be ongoing throughout a sexual activity and can be revoked at any time,” while asserting “the fact of past sexual relations” or a dating relationship “should never by itself be assumed to be an indicator of consent.” The bill also consigns responsibility to “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.” The new law, according to NPR, applies to any private or public post-secondary school that receives state money for financial aid.
Although the bill was introduced by a Democrat, Republicans in California's Senate did not oppose the bill, AP reported. While under consideration, critics stated the bill was overreaching and questioned whether statewide legislation is an appropriate venue to define sexual consent between two people. Last week the non-profit group National Coalition for Men (NCFM) posted on its website an article urging Brown to veto the legislation. The group believes the new policy will place an undue burden of proof on the accused to prove that consent was given.
“Under SB 967, it is virtually impossible to ‘prove’ affirmative consent for a man,” said Gordon Finley, an adviser to NCFM and professor emeritus of psychology at Florida International University. “Men are presumed guilty and have to prove their innocence under SB 967 as opposed to the criminal justice system in which men and women are presumed innocent and must be proven guilty.” Finley also believes the policy will lead to reduced male attendance at college campuses.
“Every student deserves a learning environment that is safe and healthy,” De Leon said in a statement reported by USA Today. “We’ve shifted the conversation regarding sexual assault to one of prevention, justice, and healing.”