{UAH} California Is About To Pass A Bizarre Law Making Sex A Legalistic Nightmare For College Males

Education

California Is About To Pass A Bizarre Law Making Sex A Legalistic Nightmare For College Males

Eric Owens

California lawmakers are poised to enact a regulation requiring every college and university that receives public funding to define consensual sex in a way that attempts to micro-manage everyone's sexual affairs.

The first-in-the-nation legislation already passed California's state Senate by a vote of 27-4 in May, The Associated Press reports. If the bill passes the assembly this month, it will then go to the desk of Gov. Jerry Brown.

The bill, which is based on guidance from the Obama administration, requires an "affirmative consent standard" that school administrators would use to determine whether a sexual assault has occurred. The standard would define every sexual encounter as an "an affirmative, unambiguous and conscious decision" by everyone involved.

Under the law, a person who communicates nothing would not consent to sex. A person who is asleep or drugged cannot consent, but such people already can't consent under current law.

At the same time, communication of consent can be vague and muddled — a nod of the head, say, or perhaps some kind of lean-in movement.

The bill says consensual make-out sessions leading to sex must be "ongoing" and "can be revoked at any time."

"[I]f there is confusion as to whether a person has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved," the legislation declares.

It's not clear what standard of evidence school administrators would use to determine who is telling the truth in a he-said-she-said (or he-said-he-said, or she-said-she-said, or he-said-they-said) situation.

It's also not clear why California's state politicians believe that college bureaucrats instead of police investigators, district attorneys, judges and juries should determine when the brutal and very serious felony that is rape has occurred.

Whatever the case, critics of the bill say it's a recipe for disaster.

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Gwokto La'Kitgum

"Even a small dog can piss on a tall Building", Jim Hightower

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