Critics raise questions over California’s ‘yes means yes’ legislation
As California lawmakers are considering a new measure that would require universities to set up a standard to define consensual sex to better handle rape allegations, some critics have started raising doubts and questions over the measure.
The proposed measure would require all colleges that receive public funds to set an affirmative consent standard that would define when "yes really means yes." It says that silence or lack of resistance does not mean consent. What is more, it will not be taken as consent if the person drunk, drugged, unconscious or asleep.
But, critics say California is overstepping its boundaries with the legislation, pointing out that it would extremely difficult to manage sex in the privacy of students' dorm rooms.
Raising questions on the feasibility of the measure, The Los Angeles Times said it would be extraordinarily intrusive to tell students what steps they must take in the privacy of their rooms.
The American Council on Education's general council Ada Meloy argued, "Frequently these cases involve two individuals, both of whom maybe were under the influence of alcohol or drugs, and it can be very tricky to ascertain whether consent was obtained."
John F. Banzhaf III, professor at George Washington University's Law School, cautioned that California's controversial legislation could set the stage where both parties could accuse each other of sexual assault.
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