Dive Brief:
- California state legislators are considering a bill that would require college students to seek and receive consent from the other person before having sex with them.
- The “affirmed consent” standard, which is already the rule for students at many universities, would apply for all state schools in California and at most private schools. Those schools would have to adopt the standard in their anti-sexual-assault policies.
- As the name implies, affirmed consent means that a lack of protest or silence is not enough for consent to sexual activity — it must be an “unambiguous and conscious decision” by each person, and the consent must be ongoing throughout the sexual activity, according to the San Francisco Chronicle.
Dive Insight:
The bill has passed the state Senate, and the state Assembly is now considering it. Widespread criticism of colleges and universities for their responses — and lack thereof — to reported sexual assaults on campus is undoubtedly fueling support for affirmed consent. One problem with the standard, according to critics: How can it be proved after the event, particularly the ongoing consent? Critics also say that placing the burden of proof on the accused in a sexual assault case—requiring him or her to show that sexual assault did not occur—diminishes due process protections.