To Avoid Rape, Must Videotape — New Calif. Law

Legislation passed this week in California (SB-967), now awaiting Gov. Brown's signature, would enable successful prosecution of male college students for rape in the absence of written consent for sex from the accuser, or video evidence of the accuser giving affirmation of each stage during the sexual encounter.

Simple advice to men:  Don't have sex until you're married; problem solved!

For background on how colleges address rampant sex on campus, click headlines below:

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-- From "California passes ‘Yes Means Yes’ bill" by Meredith Clark, MSNBC 8/29/14

The bill passed Thursday, as students begin a new school year and colleges and universities continue to struggle to deal with sexual assault on campus. Many colleges already include affirmative consent, also known as “yes means yes,” in their policies, but the bill would require all schools that receive state funds to use the standard in order to continue to receive money.

The bill defines affirmative consent as “affirmative, conscious, and voluntary agreement to engage in sexual activity.” It also states that a lack of resistance is not equivalent to an explicit assent, and that consent “must be ongoing throughout a sexual activity and can be revoked at any time.”

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From "California bill defines what it means to say ‘yes’ to sex" by Gail Sullivan, Washington Post 8/29/14

. . . The standard would apply to all sexual encounters regardless of whether the parties are having a one-night stand or are in a long-term relationship.

One thing the bill doesn’t say is that affirmative consent must be verbal. The bill’s original language warned “relying solely on nonverbal communication can lead to misunderstanding,” but that language was removed as was the requirement that consent be “unambiguous.” Nonetheless, as Slate’s Amanda Hess pointed out, this fact was lost on commentators, some who lamented the standard would redefine most sex as rape and would require students to agree to a verbal or written contract before sex.

But critics say the proposal unfairly burdens those accused of sexual assault. “How does a person prove they receive consent “shy of having it videotaped,” Joe Cohn, the legislative policy director at the Foundation for Individual Rights in Education, told Inside Higher Ed. Cohn said the policy reverses the presumption of innocence for the accused, which he called a “dramatic and important shift.”

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From "Calif. legislature votes 'yes means yes'" by William M. Welch, USA TODAY 8/28/14

The bill was pushed by Sen. Kevin de Leon of Los Angeles, a Democrat.

"With this measure, we will lead the nation in bringing standards and protocols across the board so we can create an environment that's healthy, that's conducive for all students, not just for women, but for young men as well too, so young men can develop healthy patterns and boundaries as they age with the opposite sex," de Leon said before the vote.

In anticipation of the legislature's approval, the National Coalition for Men, a non-profit group based in San Diego, posted on its website last week an article urging Brown to veto the legislation.

"It is tragically clear that this campus rape crusade bill presumes the veracity of accusers (a.k.a. 'survivors') and likewise presumes the guilt of accused (virtually all men). This is nice for the accusers – both false accusers as well as true accusers — but what about the due process rights of the accused?,'' wrote Gordon Finley, an adviser to the group and professor emeritus of psychology at Florida International University.

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Click headlines below to read previous articles:

California School Pushes College-level Porn Sex Ed, Parents Outraged

President Obama Wants an End to Abstinence, Favors Anal Sex

Oral Sex Is the New Goodnight Kiss

Schools Train 12-year-olds in Oral, Anal Sex

Also read how Planned Parenthood teams up with schools by providing "kinky sex trainers" for kids.