SAN DIEGO (AP) — College students have heard a similar refrain for years in campaigns to stop sexual assault: No means no.





Now, as universities around the country that are facing pressure over the handling of rape allegations adopt policies to define consensual sex, California is poised to take it a step further. Lawmakers are considering what would be the first-in-the-nation measure requiring all colleges that receive public funds to set a standard for when "yes means yes."

Defining consensual sex is a growing trend by universities in an effort to do more to protect victims. From the University of California system to Yale, schools have been adopting standards to distinguish when consent was given for a sexual activity and when it was not.

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Silence or lack of resistance does not constitute consent. The legislation says it's also not consent if the person is drunk, drugged, unconscious or asleep.

Lawmakers say consent can be nonverbal, and universities with similar policies have outlined examples as maybe a nod of the head or moving in closer to the person.

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Critics say the state is overstepping its bounds. The Los Angeles Times in an editorial after the bill passed the state Senate 27-4 wrote that it raises questions as to whether it is "reasonable" or "enforceable." The legislation is based on the White House task force's recommendations


"It seems extremely difficult and extraordinarily intrusive to micromanage sex so closely as to tell young people what steps they must take in the privacy of their own dorm rooms," the newspaper said.

Some fear navigating the murky waters of consent spells trouble for universities.

"Frequently these cases involve two individuals, both of whom maybe were under the influence of alcohol or drugs, and it can be very tricky to ascertain whether consent was obtained," said Ada Meloy, general counsel of the American Council on Education, which represents college presidents.

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The legal definition of rape in most states means the perpetrator used force or the threat of force against the victim, but the California legislation could set the stage in which both parties could accuse each other of sexual assault, he said.

"This bill would very, very radically change the definition of rape," he said.

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Defining consent may be easy to do on paper, said Laura Nguyen, a 21-year-old San Diego State University senior, but "we're talking about college students out at night and the reality is there's not just 'yes' or 'no.' There is a lot of in between. I really think it depends on the situation."

The legislation initially stated that "if 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."

After some interpreted that as asking people to stop after each kiss to get a verbal agreement before going to the next level, the bill was amended to say consent must be "ongoing" and "can be revoked at any time."

Read the entire article here:

http://news.yahoo.com/california-debates-yes-means-yes-sex-assault-law-144457610.html



I think the intentions are good, but its a terrible idea to have such a micromanagement approach to how people can and should have sex so that it is legal,,,,

is a touchy subject
yet again another reason why i don't sleep with a lady unless i am dating her : )
guess there are some advantages to being old fashion

its VERY touchy, and this is from someone who has been assaulted twice in my lifetime

but even if one is dating they can be accused and found guilty of rape,,,though it is a harder case to prove,,,,,

Perhaps they will make it so that you have to buy a ticket.

sorry to hear about that : ( no one deserves that
and yeah i agree , anyone can cry rape (even if it isn't true)
and it could still be done, to be raped in a relationship
i agree
but in a relationship i get to see where the person's head is and less chance of them being unstable etc etc etc

buy a ticket , thought that was when you bought/rented a hooker

Gonna have to take her to an attorney to draw up a binding Consent to Sex contract.

I always get the hooker to give me a receipt. Taxes, ya know.

Being old-fashioned means waiting until marriage before having sexual intercourse.
Of course, there is nothing wrong with being old-fashioned.

Is massahbatin considered sex before marriage?