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| UCLA is one college campus where the "Yes Means Yes" law will be put into place. Image: Ken Wolter / Shutterstock.com |
On Sunday, September 28, Governor Jerry Brown signed
into law a bill making California the first state to have a clear definition of
consensual sex on college campuses.
The
“Yes Means Yes” law goes beyond the standard “No Means No” laws, which have
been accused of causing ambiguity in rape cases. In contrast, the new law states that
“affirmative consent” is required—and is impossible if one partner is asleep or
incapacitated by drugs or alcohol.
"Lack
of protest or resistance does not mean consent," the
law says, "nor does silence mean consent. Affirmative consent must be
ongoing throughout a sexual activity and can be revoked at any time."
Co-written
by Senator Kevin de Leon, D-Los Angeles, the bill has received broad
support. “Every student deserves a
learning environment that is safe and healthy,” said
de Leon. “The State of California
will not allow schools to sweep rape cases under the rug. We’ve shifted the conversation regarding
sexual assault to one of prevention, justice, and healing.”
"I don't think
there are words to describe how monumental this is for survivors of sexual
assault — female, male, or otherwise," said
Savannah Badalich, a student at University of California, Los Angles
(UCLA) and founder of the group 7,000 in Solidarity.
"This
definition of consent gets rid of that atmosphere of silence or shame when you
are generally asked what you could have done to prevent your assault," Badalich
added.
Opponents have
suggested that the law does not define consent in enough detail and that it
puts unfair pressure on the accused to prove everything was consensual.
However, when one in five students in the US is a victim of sexual assault during college, and the Department of Education has reported that it was investigating 55 colleges and universities for violating federal law in their handling of sexual assault crimes, most are viewing the “Yes Means Yes” law as a positive step forward.
However, when one in five students in the US is a victim of sexual assault during college, and the Department of Education has reported that it was investigating 55 colleges and universities for violating federal law in their handling of sexual assault crimes, most are viewing the “Yes Means Yes” law as a positive step forward.
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