California bill to raise standard of consent for student sex

June 13, 2014

sexA bill in the California legislature may change the way college students engage in sexual activity. [CBS LA]

Democratic state senators Kevin de Leon and Hannah Beth Jackson have introduced a bill that would require state run universities to adopt policies defining sexual consent in a particular manner. Students would then have to reach a mutual agreement, either verbally or on paper, prior to having sex.

The bill defines sexual consent as an “affirmative unambiguous and conscious decision by each participant to engage in mutually agreed upon sexual activity.”

It also states that lack of resistance or silence does not equate consent. Likewise, students could not achieve consent when one is incapacitated by alcohol, drugs or a medical condition.

“One out of five young women on a college campus will be sexually assaulted,” de Leon said. “I think this is really critical that we create a culture that’s respectful of women, that we create protocols that are transparent.”

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“California has some of the most stringent rape laws in the country. The problem is not with our current laws. The problem is with the way universities and colleges have covered up rapes and not treated them as criminal offenses. Senator Kevin de León is not only wrong that this won’t prevent sexual assault, but co-authoring the bill the way he did, he obviously doesn’t understand the basis of the criminal act of rape itself. He, like many neanderthals obviously sees it as strictly a sex crime, whereas it is a crime of violence and control. He needs to make a law regulating that a reported rape on campus or involving a university student should be immediately reported to and turned over to the police, so evidence can be collected properly and in a timely manner….” from a comment to the original story.

Maybe Monns can rewrite the bill!