California Lawmakers Pass “Yes Means Yes” Bill as Standard for College Assault Cases
Erika Villanueva | | Aug 29, 2014 11:57 AM EDT |
(Photo : Reuters)
California is the first in the United States to outline the definition of "yes means yes" as lawmakers voted unanimously on Thursday to approve a bill to aid investigations about sexual assaults on college campuses.
Propagated by Sen. Kevin de Leon (D-L.A.), the SB967 uses the definition of consent instead of the negative 'no means no' as college campuses all over the country are changing their manner of probe when it comes to sexual assault cases.
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According to the Los Angeles Senator, the bill is meant to create a 'conducive' learning environment for all students without bias on women "so young men can develop healthy patterns and boundaries as they age with the opposite sex."
Under the bill, a conscious and clear consent to engage in sexual activity by each party involved should be established whenever campuses try a sexual assault case.
"It's very difficult to say no when you're inebriated or someone slips something into your drink," de Leon told the Associated Press.
Meanwhile, advocates lauded the bill's establishment of consistency among campuses but challenged the idea that of the required resistance from victims before considering a complaint valid.
"There's this pervasive idea that if it's not super violent then it doesn't really count," activist Sofie Karasek stated.
Under the bill, lack of resistance, silence and a present sexual relationship among parties are not considered expression of consent.
However, critics deem the paradigm shift as a way of sending universities and colleges into unfamiliar legal grounds, making it more difficult for them to handle the already messy sexual assault cases.
California Governor Jerry Brown has until the end of September to whether to sign into law or veto the said legislation. If passed, the bill would cover all state post-secondary schools that receive financial aid, whether private or public.
Tagscalifornia, Governor Jerry Brown, Sen. Kevin de Leon, Los Angeles, university, campuses, sexual assault
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