“Affirmative consent must be ongoing throughout a sexual activity…”

California regulates college sex, in a law just signed by Gov. Brown and applying to campuses that accept state money. Key passages:

It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. … Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

Earlier here. More: K.C. Johnson on the very bad coverage in the New York Times, and less bad coverage in The Nation. And it’s totally reassuring that a Slate writer who won fame insisting on the guilt of the Duke lacrosse guys is being cited as an authority on why there’s no need to worry about the new California law.

22 Comments

  • A child conceived under such circumstances might be named YesYes.

  • Back in the days of Bowers v. Hardwick, the Left used to say (correctly, IMHO) “keep the government out of my bedroom.”

    Now the Left is doing exactly the opposite.

  • So, in other words, one needs expressed, affirmative consent before moving to each “base?” May I proceed to first? Yes. Second? And so on. How . . . romantic?

    Hey, anyone remember when the liberals said they wanted to keep the government out of the bedroom? Neither do I, at this point.

  • And how should one lover interpret the other’s conflicting direction, “No, there!”

  • This happens in fiction. In the real world, not so much

    … would I yes to say yes my mountain flower and first I put my arms around him yes and drew him down to me so he could feel my breasts all perfume yes and his heart was going like mad and yes I said yes I will Yes.

  • Does the law apply only to student-to-student activities, or are student-Professor encounters also covered?

  • Of course we all remember this:

  • Will someone please post a copy of the agreement that must be signed, and a timeline of confirmation stages in order to get laid without going to jail.

  • So what we’ve got is a newly-ascendant feminist movement, created with the idea that radical advancement equality between sexes is an idea whose time has come and has, as one of its signature goals, suppression of licentious behavior by young persons and a legal mandate to reduce the use of alcohol and intoxicants.

    When did it get to be the 1920s again?

  • The headline of this thread could be abbreviated to “affirmative action.” Might popular culture confiscate that term of art from US Civil Rights enforcers?

  • @DavidSmith,

    Sorry, the whole point of this is to insure that no guy can ever get laid without going to jail.

  • The left (and right and center) is still saying “Keep the government out of my bedroom.” It’s your bedroom the government needs to regulate.

    Bob

  • In related news, this came in my email yesterday:

    “Good afternoon,

    We are excited to welcome 3 candidates to campus for the Director, Title IX Compliance position. We hope you will join us for the following open forums so you may meet each candidate.”

    [forum particulars omitted]

    This is a brand new administrative position. And people wonder why the cost of college is going up.

  • Lemmee see now:

    With and without witnesses (sober adults only for witnesses).

    Verbal
    Handshake
    Written

    If written, is each party required to possess a copy?
    Is it acceptable if only the female signs?
    Must unwitnessed agreements be date/time stamped/notorized, etc.?
    How much detail required and must a definition of sex be included?
    Must each sexual act acceptable to both parties be detailed?
    If anything is to be prohibited, must it be detailed in the agreement or is default by non inclusion acceptable?
    Continuous affirmation:
    At what intervals?
    Is a checked box giving time and action sufficient or the must the box also be initialed by both parties?
    Is anything contingent on degree of inebriation?
    Is any previous relationship (sexual or non sexual) admissible in court for adjudication?

    JEESUS H. KEERIST ON FLAMING RUBBER CRUTCHES!

  • Interesting. This is the same week Brown vetoed a measure (AB 885) to rein in prosecutors’ intentional violations of their constitutional duties. Now he’s even adding to the general trend of prosecution by offering the power to the untrained and politically sensitive. These last 8 years I’ve marked him down as a peg-boy for the unions. This is right up his alley, so to speak.

  • […] Hans Bader has some clarification on one issue on which there’s been widespread confusion, on which the California law does not go to the extreme some would have liked [San Francisco Chronicle letter to the editor; earlier]: […]

  • The engineer’s solution:

    Everyone who participates in the regulated activity needs to purchase a simple push-button device which controls a separate panel with a red light and a green light. During the regulated activity, each participant must hold down the button on the controller that illuminates the green light, which shall remain visible to the other party(ies) at all times. If, at any time, a participant releases this button, the green light goes off, and a red light comes on. Optionally, a siren could start to sound, to summon outside assistance.

    These days, with Wifi and Bluetooth, I bet you could make the controller wireless and small enough to easily hold in one hand, leaving the other hand free for other activites…

    I bet the Chinese could get something set up in a few weeks, and have it in stores by Xmas!

    Failure to use such a device is cause to dismiss later allegations that consent was not given.

    Batteries not included.

  • “Everyone who participates in the regulated activity needs to purchase a simple push-button device which controls a separate panel with a red light and a green light.”

    A petit-mort-man’s switch, sort of thing?

  • “David Smith
    If written, is each party required to possess a copy?
    Is it acceptable if only the female signs?
    Must unwitnessed agreements be date/time stamped/notorized, etc.?
    How much detail required and must a definition of sex be included?
    Must each sexual act acceptable to both parties be detailed?
    If anything is to be prohibited, must it be detailed in the agreement or is default by non inclusion acceptable?”

    This is interesting. How long would you have to keep the record. Think of the guys who like to brag. Now they could be challenged to ‘show the consent form or they are lying’. What if the woman/man became famous some day? Their sexual history would be documented for all time.
    “Yes, I slept with so-so in college and here is her signature to prove it.”

  • […] From rxc in comments: […]

  • @DD: Good to see that someone else knows literary French…

  • Rxe, I can picture a device that could do that, and the National Hot Rod Association among others use it–called a “Christmas tree”…..