California Legislature To Pass ‘Yes Means Yes’ Sexual Assault Law
Ren Benavidez | | Aug 11, 2014 03:02 AM EDT |
(Photo : FACEBOOK)
The California State Assembly is expected to pass a new law this month regarding a sexual assault policy in colleges.
Colleges that receive funding from the state government would be required to conform to a policy of "alternative consent standard" as a move to help determine allegations of complainants in a sexual assault. The policy will help in handling sexual allegations and will give a more definitive meaning to consensual sex, the Washington Post reported.
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The new legislation gives a clear definition about what would be considered as a sexual activity and what would be dealt with as a sexual assault case.
Based on the said legislation, an affirmative consent means a person agreed to be involved in a sexual activity in an "affirmative, conscious, and voluntary" manner.
The new law also affirmed that each party is responsible in getting the affirmative consent of whomever he or she wishes to have a sexual activity with.
Regarding the given definition of consensual, silence does not mean yes, "yes means yes." It will not constitute consent if a person is inebriated, asleep or under the influence of drugs, according to the legislation.
The White House task force reported that 1 in every 5 college students have been sexually assaulted. This lead lawmakers into passing bills that would strengthen the act against sexual assailants.
However, the legislations is drawing criticisms that the state may be going beyond its limits.
In the editorial of the Los Angeles Times, it questioned the bills "rationality" and "enforceability." The editorial said that it is highly invasive and extremely difficult to be meddling with people's or students' sexual lives.
California Coalition Against Sexual Assault member Denice Labertew said the legislation will change the status quo, and "requires us to change the way we normally think about this."
Tagscalifornia, state law, legislation
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