Late last week, California legislators passed a law requiring colleges across the state to implement sexual assault policies based on "affirmative consent" in order to receive funding for student financial assistance. California is the first state to enforce a standard policy across all of its universities (state and private).
Unlike the "no means no" standard of consent, the affirmative consent—or "yes means yes"—policy in California's new law is based on whether a person specifically says yes to any kind of sexual activity, rather than if they say no or aren't capable of saying yes. It’s a subtle difference intended to help emphasize that silence is still not consent and that the burden isn't on the victim to say no.
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According to the signed bill, affirmative consent also means that, "consent must be ongoing and can be revoked at any time." This means that a yes is required at every stage, from foreplay to intercourse. The law also clarifies that saying the assaulter was too drunk to know if the person gave consent isn't a valid excuse—and that people must take steps to ensure they have consent from a partner (failing to take these steps won't be viewed as a valid defense in the eyes of the law).
In addition to the sexual assault mandates, the law also requires colleges to adopt specified policies for how to respond to domestic violence, dating violence, and stalking (the policies outlined are the minimum requirement for schools, which are free to add to them). A few of these standards include responding to victims in a timely manner, interviewing the victim, following up on that interview, interviewing the accused party, and involving victim advocates in this process. The colleges must also create outreach programs to educate students about these polices.
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In light of the recent accusations against colleges improperly handling sexual assault cases, it seems logical to have a solid policy in place for all schools. Granted, it’s hard to know for sure if laws like this will help combat sexual assault on campus—but at least it's a step in the right direction.
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