Critics find faults with California’s sexual consent bill

Critics find faults with California’s sexual consent bill

California lawmakers are advancing with first-of-its-kind measure to define sexual consent with a sincere intention to prevent growing incidents of sexual assault on college campuses, but critics of the bill are not impressed by the action taken by lawmakers.

The measure, Senate Bill 967 (SB967), would require all colleges that receive student financial aid from the state government to adopt an "affirmative consent" standard while investigating a sexual assault incident on their campuses.

The bill states that silence or lack of protest or resistance would not imply consent for sex. It also makes it clear that an apparent consent from a person who is unconscious or asleep or too intoxicated to understand what is happening would not count as consent for sex.

While proponents claim that it would help a lot in protecting victims of sexual assaults, critics argue that it would unfairly burden those accused of sexual assault.

Joe Cohn, legislative policy director at the Foundation for Individual Rights in Education, pointed out how a person shy of having videotaped can prove that he received partner's consent for sex.

But sexual assault prevention advocates welcomed the measure, saying the survivors of sexual assault would be helped because the system would no longer ask them why they did not do something to prevent a sexual assault.

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