The new standard comes from SB 967, dubbed the Yes Means Yes Act, signed into law by California Governor Jerry Brown on September 28. Now that it is passed, all schools that receive government funding for financial aid must use a so-called “affirmative consent standard” to decide whether a sexual assault has occurred. In other words, if both individuals have not clearly indicated that they consent to their sexual relationship, the college may determine that the person who did not consent was attacked. “Young people`s attitudes toward gender and sexuality begin long before high school,” said Senator Hannah-Beth Jackson, co-author of the bill. “It`s really important that we address issues of healthy relationships and sex as early as possible and that we can deal with sexuality and sexual behavior, because what we see in our culture today is clearly sexual violence, which is completely out of control and has epidemic proportions.” Because “no means no” has proven ineffective, California last year enacted SB 967, legislation aimed at making “yes means yes” the norm of consent on college campuses and taking a big step toward preventing sexual violence. This legislation requires preventive education when orienting students, better access to counselling resources, and training for juries. California is the first U.S. state to define when “yes means yes” in cases of sexual assault on college campuses, following a bill sponsored by Sen. Kevin de Leon signed Sunday. Rich Pedroncelli/AP Hiding the caption “Affirmative consent” means affirmative, conscious, and voluntary consent to sexual activity. It is the responsibility of each person involved in sexual activity to ensure that they have the explicit consent of the other person(s) to engage in the sexual activity. Absence of protest or resistance does not mean consent, any more than silence means consent. Consent must be continuous during sexual activity and can be revoked at any time.
The existence of a romantic relationship between the persons involved or the fact of past sexual relations between them should never be considered as an indication in itself as an indicator of consent. The “Only yes means yes” law erases the difference between abuse and aggression. California paved the way for opt-in consent legislation last year when it first required in the U.S. that all public colleges receiving public funding for financial aid use a “yes means yes” standard when investigating sexual assault, another bill co-authored by Jackson and Senate President pro tempore Kevin de Leon. And what happens if the school decides he is guilty? Federal law requires colleges to punish students they find guilty of sexual assault in any way, but it doesn`t get any more specific than that. Thus, if a school discovers that a student has committed sexual assault, the exact consequence depends on the discretion of school officials. California`s new requirement only requires high school educators to discuss the concept of “yes means yes” with students and not apply it as a consent measure in a sexual assault case. But this introduction can help raise awareness of the expectations and consequences of not engaging in opt-in consent behavior before going to universities and colleges, where a violation of the “yes means yes” policy can now lead to expulsion. And for those who choose the non-academic route, it gives them knowledge about sexual guidelines that some lawmakers hope will eventually become cultural norms. Gov. Jerry Brown has signed a bill making California the first in the country to have a clear definition of when people consent to sex.
The law goes beyond the usual “no means no” standard, which has been accused of bringing ambiguity to sexual assault investigations. The “Only yes means yes” law was introduced in a context of increasing cases of sexual violence in Spain. Another important element of the law is that it requires “ongoing” consent and allows it to be “revoked at any time”. For example, a person could consent to sexual activity and then, later in the meeting, withdraw consent. In this case, she would be sexually assaulted if the meeting continued. It also means that it is not proof of consent to be in a relationship with someone or to have had sex with them before. Let`s talk in detail about the “Only yes means yes” law and the Gangrape case that made legislation in Spain necessary: “Society is out of touch – sexual misconduct and abuse, teen dating violence. This whole media model creates a monster. We need to reverse this as quickly and completely as possible,” she said. “We are social beings. We learn behavior, what is appropriate and what is not. We need to make sure, as a society, that the rules are known.
It would be more accurate to call the law “affirmative consent to sexual activity means consent to sexual activity,” but it`s not that catchy. This means that the new law not only raises the standard of consent in sexual assault cases in college, but also reduces the amount of evidence required to conclude that consent was lacking. These changes mean that a person charged with sexual assault is much more likely to be convicted by their college than by a criminal court. Together, we can make sex a positive experience for everyone involved. This positive experience is based on consent, the mutual agreement of both parties to every action that takes place along the way. Consent means that you are both willing and willing to share that moment, and that you both have control over how that moment will be. In other words, both people need to say “yes” and keep saying “yes” as interactions continue – that`s what healthy intimacy is! This reality — coupled with the fact that women who were not enrolled in college were 1.2 times more likely to be raped or sexually assaulted than those in higher education, according to a U.S. Department of Justice study — makes it important to reach children with the idea of “yes means yes” before their college years, educators said. The new law does not change the criminal liability of a student accused of rape, nor what happens when a student goes to the police to report a sexual assault.
It only dictates how sexual assaults are handled internally at California colleges and universities that accept state funds for financial aid (which is almost it). But for Jackson, teaching sexual partners how to give and obtain consent to maintain healthy relationships is a cultural shift, rather than requiring an alleged victim to have a stubborn “no,” a cultural shift that must occur to reduce statistics on violence against women and girls. And, Mitchell said, giving children a clear understanding of the expectations of the “yes is yes” period at a younger age will likely make it easier for both sexes to navigate consent policy as young adults. The “guarantee of sexual freedom” or “only yes means yes” law passed with 205 votes in favour, 141 against and 3 abstentions, The Guardian reported. In 2014, the state of California signed Senate Bill 967 into law, which set the standard for positive approval for all colleges and universities. Affirmative consent means “affirmative, conscious and voluntary consent to sexual activity” and is “the responsibility of each person involved in sexual activity to ensure that they have the explicit consent of others or persons to engage in sexual activity.” A 2007 study by the Department of Justice found that one in five women is the victim of attempted or assaulted sexual violence during her studies. A new California law aims to reduce those numbers by allowing colleges to replace the “no means no” rule with a “yes means yes” rule when evaluating sexual assault cases. As we begin the school year, it is important to remember that sexual assault in college poses a real threat to the health and well-being of students.
Many colleges and universities across the country have implemented prevention programs and educate students about the importance of consent and what constitutes sexual assault, stalking, and coercion.
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