A new California law builds upon the "no means no" mantra of sexual consent and adds other stipulations to a consensual sexual encounter for college students.
Governor Jerry Brown signed legislation that makes California the first state in the country to define "affirmative consent" in a sexual engagement. The law outlines requirements for schools that provide student financial aid to follow in their investigations of sexual assault.
The law's adoption comes as more than 75 universities and colleges, including USC, UCLA and UC Berkeley, are under investigation for mishandling cases of sexual assault.
Under the California law, students must receive "affirmative, conscious and voluntary agreement to engage in sexual activity." Someone who is drunk, drugged, unconscious or asleep can't provide consent, according to the law. Silence or lack of resistance also does not constitute consent.
The law aims to change the perception of rape and sexual assault on campus, according to the bill's champion Senator Kevin de Leon (D-Los Angeles).
"Every student deserves a learning environment that is safe and healthy," de Leon said in a statement. "The State of California will not allow schools to sweep rape cases under the rug. We've shifted the conversation regarding sexual assault to one of prevention, justice and healing."
The law also stipulates schools provide training for faculty reviewing complaints as to not further victimize accusers, and inform victims on where and how to receive counseling, health care services, and coordinate with law enforcement on any legal action.
"With this measure, we will lead the nation in bringing standards and protocols across the board so we can create an environment that's healthy, that's conducive for all students, not just for women, but for young men as well too, so young men can develop healthy patterns and boundaries as they age with the opposite sex," de Leon said.
Advocates for victims of sexual assault applauded the bill's signing.
"It's going to educate an entire new generation of students on what consent is and what consent is not... that the absence of a no is not a yes," UCLA student Savannah Badalich, founder of the group 7000 in Solidarity, told The Associated Press.
The bill's critics believed it overreached and would send universities into "murky legal waters," according to The AP. The National Coalition for Men argued the bill gives the impression of guilt for the accused ("virtually all men") before they go through a judicial process.
"It is tragically clear that this campus rape crusade bill presumes the veracity of accusers (a.k.a. 'survivors') and likewise presumes the guilt of accused (virtually all men). This is nice for the accusers - both false accusers as well as true accusers - but what about the due process rights of the accused?" Gordon Finley, an advisor to the group, wrote on the coalition's website on Aug. 24. Finley is a professor emeritus of psychology at Florida International University.
