“In a rebuke to a feminist idea that has migrated from college campuses to mainstream culture, an influential legal group overwhelmingly rejected Tuesday a provision that would have endorsed an ‘affirmative consent’ standard for the purpose of defining sexual assault.” [Bradford Richardson, Washington Times] The American Law Institute proposals, which would have significantly expanded the definition of criminal sexual assault, had drawn sustained criticism from some civil libertarians [Stuart Taylor, Jr., John Fund, Ashe Schow/Washington Examiner; more, Scott Greenfield first and second posts] The ALI project in general is supposed to be aimed at restating courts’ current consensus in applying and interpreting the law, but often becomes the scene of efforts to tug the law in one direction or another. “Affirmative consent” has made inroads as a standard in the college disciplinary setting.
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