Updated 01:19 PM EDT, Tue, Apr 23, 2024

California to Penalize Colleges That Fail to Enforce Stricter Anti-Sexual Assault Policies

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California is currently considering a bill that would potentially withhold funding from state-supported schools that refuse to adopt a proposed "affirmative consent standard," according to the New York Daily News. Lawmakers are scheduled to vote later this month on the law, which requires all taxpayer-supported colleges to communicate to all their students that "would-be sex partners need to hear an affirmative 'yes'" before participating in any sexual activity. 

According to the White House, one in five female college students is in someway a victim of sexual assault. 

The proposed bill states: "It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of . . . resistance does not mean consent, nor does silence mean consent."

The proposed legislation is not without criticism though, and some are complaining that the law is too invaisive and oversteps the lawmakers' boundaries. Yet the law aims to improve on the previous concept of "no means no" by protecting people who are asleep or paralyzed by fear during a sexual encounter and are thus unable to voice their dissaproval of any sexual activity.

By making clear to students that any sexual activity that is not preceded by, or does not include an audible exchange of consent, is essentially sexual assault, the hope is that this will deter those who would might commit outright sexual assaults, or who would otherwise be cavalier in ambiguous situations. 

This law would also discourage assumptions of affirmative consent based on an existing dating relationship or previous sexual activity with a partner. Slate's Amanda Hess writes that the law could bring much needed clarity on college campuses where, "after decades of absorbing the message of' 'no means no,' many students are still confused about what it means when a victim stays silent."

Establishing a "consent standard" moving forward would hopefully help to facilitate a greater awarness of, and support for this issue on campuses nation-wide, and at least curb sexual assault's epidemic-like increase, if not significantly mitigate it all together. 

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