Dive Brief:
- The California Assembly has passed a bill that changes how sexual consent is defined for investigators of campus sexual assault allegations.
- The “yes means yes” bill, which could be the first in the nation, is headed back to the state senate to wrap up the voting on amendments, according to the Associated Press.
- The bill requires an “affirmative, unambiguous and conscious decision” by each party engaging in sexual activity, replacing the belief by some that a sexual assault claim was valid only if the victim resisted the assault.
Dive Insight:
The bill, which applies to publicly funded higher education institutions in California, also requires the schools to adopt “victim-centered” response policies to alleged sexual assaults and to implement prevention programs. Under the legislation, silence and an existing sexual relationship also do not meet the consent standard. Consent is also not possible if a student cannot understand the nature or extent of sexual activity because of incapacitation from drugs or alcohol. The California State University and University of California systems have already adopted similar consent standards. Critics say the legislation delves into areas that the government has no right to regulate, and that it will be a magnet for litigation.