Sex just got a lot more problematic in California

[squarecut1]

Instead of "no means no", it is now "yes means yes". If you are confused, this is what it means:

California Gov. Jerry Brown signed a bill Sunday mandating that sexual partners on college campuses must give "affirmative, conscious, and voluntary agreement."

The bill goes on to assert that "Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time."


http://mashable.com/2014/09/29/yes-means-yes-sexual-consent-law/

Joe Cohn, the legislative policy director at the Foundation for Individual Rights in Education, told Inside Higher Ed that it's difficult to prove consent, short of making a video.

According to Cohn, the bill reverses the principle of "innocent until proven guilty." An accused student would have to prove in a college hearing that he or she did get consent.

 

[squarecut1]

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In other words, in order for sex to be lawful, both parties must acknowledge verbally and continuously that they are indeed in the mood for love (the word “verbal” was removed from the bill, but it seems impossible to satisfy the conditions nonverbally). If no used to mean no, under Bill 967, an absence of yes now means no, too.
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http://www.newrepublic.com/article/...us-consent-laws-every-sex-act-potential-crime

 

[waggy]

..I'm glad i'm old...fuck this shit. I feel sorry for the males of our future.

 

[chucky2]

Wow...the potential for abuse on this is high...waiting for the "My god, just because I was nekkid and doggy style position on bed, he raped me, I didn't say Yes!"

 

[Genx87]

Im not sure whether to laugh or cry. They found a way to regulate the bedroom again.

 

[squarecut1]

This is a classic example of the mindset that there can be a law to fix every issue in the country. A lot of times, such laws make the situation worse. As surely this will.

I can see sex going the same way as marriage. More and more people would say...is it worth all the legal hassle? What kind of society are we creating?

 

[Londo_Jowo]

..I'm glad i'm old...fuck this shit. I feel sorry for the males of our future.

^ This!

 

[Dannar26]

So it used to be that girls that engaged in extramarital relations were branded as whores.

Now men that do it are criminals.

I get that the former wasn't fair, but the latter is going too far for the sake of backlash.

 

[squarecut1]

This is how these things start. For now, it is college campuses. Soon it will be state wide in California. Then it will spread to more and more states. How many politicians will stand against it, knowing that it will bring vicious accusations of being against women, condoning rape and so on. Politicians neither have spine nor do they care what is right. They only care about how it looks like.

As for actual rape goes, I think our justice system is too lenient on that.

 

[Newell Steamer]

I wouldn't be able to hear if she said yes or no,...
my ears are covered by my neck. So, her being passed out after pouring
10 beers into her (with a few 'relaxants') clearly means she was ready for it.

 

[squarecut1]

I wouldn't be able to hear if she said yes or no,...
my ears are covered by my neck. So, her being passed out after pouring
10 beers into her (with a few 'relaxants') clearly means she was ready for it.

I believe that kind of situation is already covered under existing laws. This new law is a different animal altogether

 

[squarecut1]

The most fundamental principle of justice has been reversed. The burden of proof is now upon the accused to prove their innocence. Guilty until proven otherwise

 

[Mean MrMustard]

Im not sure whether to laugh or cry. They found a way to regulate the bedroom again.

Damn Republicans! These social conservatives need to stay out of our bedrooms!

 

[GTaudiophile]

Just develop an SEXTRACT App. It takes a short video of each partner giving verbal and visual consent (think Vine), allows each to enter an email address, and accepts signature/thumb print of each participant, draws up a short one-line consent contract and emails it to both parties with video, signature, and thumb print. Trojan will also mail you free condoms as a cross-promotional offer.

 

[boomerang]

Just develop an SEXTRACT App. It takes a short video of each partner giving verbal and visual consent (think Vine), allows each to enter an email address, and accepts signature/thumb print of each participant, draws up a short one-line consent contract and emails it to both parties with video, signature, and thumb print. Trojan will also mail you free condoms as a cross-promotional offer.

Sounds OK, but it's hard to find a notary at 2:30AM.

It can't be that short of a contract though in all seriousness. There are a lot of different activities that can be described as sex. I'm sure everyone's imagination reading this is running wild and it should. The contract will have to describe what sexual acts are approved for that encounter. It should also have a time for expiration. If you consent to 1AM sex and one party spends the night is that then deemed consent for morning sex? The lawyers are going to benefit very well from this.

 

[boomerang]

Oh and how long before this spreads beyond the campus? It's going to end up in every bedroom in CA.

 

[HumblePie]

And how to prove they said "yes" in the first place? Guess there are going to be a lot of "leaked' dorm room sex tapes in the future from Kommiefornia.

Can't believe how dumb their politicians and voters can be,

 

[squarecut1]

Oh and how long before this spreads beyond the campus? It's going to end up in every bedroom in CA.

Not just Cali.

http://forums.anandtech.com/showpost.php?p=36762698&postcount=9

 

[Jaskalas]

The most fundamental principle of justice has been reversed. The burden of proof is now upon the accused to prove their innocence. Guilty until proven otherwise

Men are already guilty until proven otherwise. This law is just another codification of societal norm.

 

[boomerang]

Not just Cali.

http://forums.anandtech.com/showpost.php?p=36762698&postcount=9

Sorry, missed that post. I'm a skimmer...what can I say?

 

[squarecut1]

Damn Republicans! These social conservatives need to stay out of our bedrooms!

You see the hypocrisy of the liberal establishment here.

There are no principles in America. Only agendas, both on the right and left.

As I said, Ron Paul is just about the only guy with principles in this huge country, even if I don't agree with him always.

 

[PokerGuy]

Damn those right wing conservatives again, always getting into the bedroom and regulating relations between consenting adults

The usual left wing stupidity in action. Forget innocent until proven guilty, you'll have to prove that you had consent, and that you continued to have consent through the entire process to prove that you're not a rapist. Good luck with that, short of having a video recording... and then of course you run into other laws against that.

 

[xBiffx]

I think everyone is looking at this the wrong way.

Is it really a bad thing when you've basically made legal means of reproduction next to impossible for people who decided it was a good idea to attend a California college?

 

[thraashman]

Wow ... lots of conservatives in here angry at how much harder it will be to defend the actions of rapists. Can't say I'm exactly surprised considering they tend to defend every single rapist in every single P&N thread as it is.

 

[moonbogg]

Makes sense for CA. The issue now will be girls who were coerced into saying "yes", so a new law will need to come out to plug that loop hole.