Verbal or Written Consent for Sex on Campuses

Misfit

Lawful neutral
http://www.breitbart.com/Breitbart-...rbal-or-Written-Consent-to-Have-Sex-on-Campus


A newly amended bill from a California lawmaker would require college students to stop in the heat of passion and establish verbal or written consent before having sex anywhere on campus, reports L.A. Weekly.

SB 967, amended last week by state Sen. Kevin de Leon (D-Los Angeles), would mandate that college students obtain "an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity."
 

Monello

Smarter than the average bear
PREMO Member
This idea was making the rounds last year. I'm not sure a male would have gotten away with this sort of opinion before he would have been labeled all sorts of nefarious things. Given the gravity of the deed and how quick some are to cry rape after, on some level it makes sense to CYA.

The quote from the author below mentions blond hair. I take that to be a covert mention of Caucasian girls, otherwise why mention hair color at all. 300 condoms??? What school was he going to? The University of Masters & Johnson?

"Watch out for the stupid girls," I tell my son. "They are trouble."

You know the type -- the party girls, the girls who thrive on attention. The girls who will do anything to get a guy to notice them, as the pop star Pink riffs on one of her best-ever songs, "Stupid Girls": "If I act like that, flipping my blond hair back, push up my bra like that ... that guy will call me back."

It seems nearly every week, we hear news stories about sexual encounters at parties where everyone is drinking -- and a young woman says she was raped, and a young man insists the encounter was consensual.

Make no mistake, no woman -- no matter how much she parties -- is asking to be raped. But too often when heavy drinking is involved, the meaning of consent can be misconstrued on both sides.

In my case, I filled my son's duffel bag with about 300 condoms and told him watch out for party girls but have fun; meet new people but stay focused on academics.

http://www.cnn.com/2013/11/26/opinion/jones-sex-consent-texting/
 
No, the California bill would not require college students to stop and establish verbal or written consent before having sex.

What it would require is that universities in California, if they want to receive state funding, establish an affirmative consent standard when it comes to its disciplinary procedures and alleged rapes. That standard would mean, in essence, that the lack of objection was not considered consent. It would mean that both parties had to make the decision to have sex, perhaps that both parties had to actively participate in the sex, in order for it to be considered consensual. In other words, not making a decision either way - e.g. not consciously deciding to have sex and not consciously deciding to resist sex - would not be good enough. Speaking practically that would mean, e.g., that a guy couldn't have sex with someone that was unconscious and (successfully) claim - well, they didn't object, so it wasn't rape. Or, he couldn't have sex with someone that was so drunk that they didn't know what they were doing and (successfully) make a similar claim.

It would not mean that people had to stop in the middle of sex and say or write: Yes, I want to have sex with you. Participating in the sex (other than by just lying there without making a sound or movement and not actively objecting), actually wanting to have sex, is what is required. And the initiator of the sex would need to make sure the other person was participating - you know, because they were doing something other than lying there seemingly dead. I wouldn't think that would too often be an issue. If I was trying to have sex with someone and they didn't respond in anyway (maybe not verbally, but at least physically), that would make me think something was wrong. I'd hope I'd stop, but... hey... maybe that's just me.

And, to make sure it's clear, this doesn't alter the definition of rape under California law for criminal purposes. This has to do with colleges' disciplinary policies.
 
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