A new law has been passed in the state of California changing the way college institutions define sexual consent.
Rather than using the refrain “no means no,” the definition of consent under the law requires “an affirmative, unambiguous and conscious decision” by each party to engage in sexual activity.
The regulation requires all colleges taking student financial aid funding from the state to agree that in investigations of campus sexual assaults, silence or lack of resistance does not imply a green light for sex, and that drunkenness is not an acceptable defense, according to the San Jose Mercury-News report earlier in August.
This comes at a time in our society where the lines regarding sexual consent are not always clear, as in cases where a person engaging in sexual activity is inebriated and fully doesn’t comprehend what is taking place or doesn’t remember what happened. This also includes other social narcotics that alter a persons’ mental clarity or consciousness while under the influence.
There are over 50 active investigations regarding alleged sexual misconduct at numerous colleges and universities across the United States. Many groups are pleased with the new law and feel it is a step in the right direction. Advocates for victims of sexual assault support the change as providing consistency across campuses and challenge the notion that victims must have resisted assault in order to have valid complaints.
“It does change the cultural perception of what rape is,” said Sofie Karasek, an activist who sought changes in how the University of California- Berkeley handles such cases. “There’s this pervasive idea that if it’s not super- violent then it doesn’t really count.”
Not everyone agrees that the law is a good idea and a fair practice to the accused. The National Coalition for Men, a non-profit group based in San Diego, posted on its website in September an article urging Governor Brown to veto the legislation.
“It is tragically clear that this campus rape crusade bill presumes the veracity of accusers (a.k.a. ‘survivors’) and likewise presumes the guilt of the accused (virtually all men). This is nice for the accusers – both false accusers as well as true accusers — but what about the due process rights of the accused,” wrote Gordon Finley, an advisor to the group and professor emeritus of psychology at Florida International University.
The law also requires colleges and universities to adopt “victim-centered” sexual-assault response policies and implement comprehensive programs to prevent assault. Senator (D) Kevin de Leon (Los Angeles), a major supporter of the bill when first introduced, believes the law will set an example to other states.
“With this measure, we will lead the nation in bringing standards and protocols across the board so we can create an environment that’s healthy, that’s conducive for all students, not just for women, but for young men as well, so young men can develop healthy patterns and boundaries as they age with the opposite sex,” said de Leon.