An excerpt from this article: http://m.washingtonexaminer.com/defining-nearly-all-sex-as-rape/article/2557530
California’s “yes means yes” law turns the idea of sexual consent upside down. Suddenly, nearly all sex is rape, unless no person involved reports it as such.
Consent, under the California law that is spreading to other American universities, is required to be “ongoing throughout a sexual activity and can be revoked at any time.” The law also states that “a lack of protest or resistance does not mean consent, nor does silence mean consent.” Also, previous sexual activity “should never by itself be assumed to be an indicator of consent.”
The law also states that incapacitation due to drugs or alcohol is considered nonconsensual. In theory, one could imagine that meaning black-out drunk or visibly not in control of one’s actions. But in practice, even having one or two drinks hours before sexual activity can constitute “too drunk to consent.”
By this definition, the only sex that isn’t rape is sex where consent can be proved beyond a shadow of a doubt for every stage of the activity. Sure, that sounds reasonable, but the fact that one of the bill’s sponsors doesn’t know how anyone could prove consent tells you a lot about the bill.
So what would provable consent look like? Joke all you want, but descriptions of bland, bureaucratic sexual situations really are the only way to prove consent.
Can I kiss you? Sign here.
Can I touch you? Sign here.
You get the point.
Beyond signed documents (which, if the signature wasn’t perfect could be interpreted as the person being too drunk to sign their name), would be video recordings of the entire night’s events. This would have to include the first meeting of the two people through some time after the sexual activity. (Perhaps body cameras for college students are the answer?)
If this all sounds absurd to you, it’s currently confined to college campuses and not the population at large. Which is frightening, but not relevant to the larger population outside of college.
At least for now.
Read the rest HERE
