Five Problems With CA's Idiotic And Dangerous "Affirmative Consent" Bill
Ashe Schow lays them out at the WashEx. Here's one problem with it -- that even the bill's co-author!! is clueless about how one could prove they'd received affirmative consent:
1. A vague definition of consentThe way this bill defines "affirmative consent" could open the door to a flood of sexual assault accusations, but provides no clear way for the accused to prove they obtained consent.
The bill requires both parties involved in sexual activity to provide an "affirmative, conscious, and voluntary agreement," and stipulates that a "lack of protest or resistance does not mean consent, nor does silence mean consent."
Further, the bill requires consent to be "ongoing throughout a sexual activity and can be revoked at any time." And just because a couple has a prior dating history or has engaged in sexual activity previously "should never by itself be assumed to be an indicator of consent."
So what specifically constitutes consent? The bill leaves the door open for non-verbal consent to be accepted, as George Mason University School Of Law professor David Bernstein noted in the Washington Post, but provides no tangible way to prove that consent -- verbal or non-verbal -- was obtained.
In fact, asked in June, the bill's principal co-author, Assemblywoman Bonnie Lowenthal, D-Long Beach, had no clue how one could prove they received affirmative consent.
"Your guess is as good as mine," Lowenthal told the San Gabriel Valley Tribune. "I think it's a legal issue. Like any legal issue, that goes to court."
Well that's so, so helpful when you're in a college dorm room in the heat of the moment wondering whether you need to get papers signed to get a blowjob.
If that's not ridiculous enough, it gets better:
K.C. Johnson, a history professor at Brooklyn College and City University of New York who co-wrote a book about the 2006 Duke lacrosse rape case, told the Washington Examiner that the only way college students could truly prove they obtained consent would be by "recording the entire sexual encounter."Of course, Johnson noted, "such a recording could in and of itself violate criminal law and college policies."
As for ensuring that consent is "ongoing," Johnson said "California students would be wise to interpret the measure as stringently as possible -- that is, there must be consent for every single stage of the activity."
And Johnson believes that consent would have to be verbal, since colleges and universities could claim the accused "misinterpreted a non-verbal cue."
Other issues Schow lays out include: "How intoxicated is too intoxicated?" and the awful "preponderance of evidence" standard instead of the criminal standard of "without a reasonable doubt."
Maybe we can both sign a consent form on how to appropriately discard a used condom.
Ppen at August 29, 2014 12:48 AM
Assemblywoman Bonnie Lowenthal: "Your guess is as good as mine . . . I think it's a legal issue. Like any legal issue, that goes to court."
She doesn't realize that as a lawmaker she should be doing more than "guessing." What exactly does she expect a lawmaker to do?
Charles at August 29, 2014 1:25 AM
I'm all for withdrawal of consent, but at that point it needs to be made clear. "Please stop" or something.
NicoleK at August 29, 2014 5:02 AM
"...nor does silence mean consent."
Ladies: While making out with a guy, do you want to hear, "May I put my hand on your breast ?"
Men: If you are in college, do not date college women.
Nick at August 29, 2014 5:59 AM
Assemblywoman Bonnie Lowenthal is the bill's principal co-author.
If she doesn't know, then it's a bad law and needs work. It's her MFing job to know.
I R A Darth Aggie at August 29, 2014 6:50 AM
It's not just Bonnie "Your-Guess-Is-As-Good-As-Mine" Lowenthal's job to know; it's her job to decide and spell it out in the bill.
Ken R at August 29, 2014 7:56 AM
Before some jackass mentions abstinence recall one of the Duke lacross players had an airtight alibi complete with time stamped bank surveillance footage and ATM receipt proving beyond a shadow of a doubt that he was not there.
They charged him anyway.
So not having sex at all is still no defense.
There are people to this day who still believe he was involved in the rape
lujlp at August 29, 2014 7:58 AM
And so, once again, the California legislature passes the responsibility of actually governing the state to the courts.
Conan the Grammarian at August 29, 2014 9:22 AM
They had to pass the bill to find out what was in it.
Will at August 29, 2014 12:22 PM
@ lujlp
We're not jackasses for mentioning abstinence.
Abstinence, and avoiding the university gulag altogether, are important components of securing human rights for men.
Why? Because both put pressure on women. That matters, because our society only listens to women. When avoidance by men starts actively interfering with women's life plans, that's when large numbers of women will discover the importance of human rights for men and start speaking out in a way politicians will respect.
We see early signs of this pressure in the decreasing college enrollments by men, and the protests by the young women of #IDontNeedFeminism.
Lastango at August 29, 2014 12:52 PM
Remember when a big part of feminism was letting women have the sexual freedom to cat around just like men, no strings attached? We had the pill, we were our own person and didn't have to answer to anyone about anything, because if it felt good, dammit, we were gonna do it.
Now all sex is rape, we are gender traitors if we are straight, etc. Where did all this come from? I just don't get it.
Kat at August 29, 2014 5:03 PM
This is the sort of thing pearl-clutching church ladies and hairy-legged feminists can agree on: pretty girls are getting laid and it must be stopped!
Now wake up Tipper Gore and get that rock and/or roll outrage locked down tight again.
Gog_Magog_Carpet_Reclaimers at August 29, 2014 7:56 PM
Assemblywoman Bonnie Lowenthal. I looked her up. Pity the person to hear her say "yes." Now, where's some eye bleach?
Canvasback at August 29, 2014 9:59 PM
https://www.youtube.com/watch?v=QNds34UmU0Q
Funny but scary.
DaveG at September 1, 2014 6:35 PM
Leave a comment