- The Washington Times - Thursday, June 5, 2014

A California state senator who sees campus rapes as quite a problem said that students should have to give formal go-aheads — via verbal or written consents — to their kissing partners to move on to the next sexual level.

Sen. Kevin de Leon’s SB 967 would mandate that college kids get “an affirmative, unambiguous and conscious decision by each participant to engage in mutually agreed-upon sexual activity,” either by voice or by written document, Breitbart reported.

He said his bill will go far toward addressing the sexual assault issues that have come to light at schools around the nation in recent weeks.

“Obviously, there is a problem,” Mr. de Leon said, L.A. Weekly reported. “SB 967 will change the equation so the system is not stacked against survivors by establishing an affirmative consent policy to make it clear that only ‘yes’ means ‘yes.’ “

The text of the bill states that “consent must be ongoing throughout a sexual encounter and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.”

Not all are hailing the bill, instead characterizing it as a legal quagmire.

“Since most people have engaged in sex without verbal consent, supporters of the bill are effectively redefining most people and most happily-married couples, as rapists,” said attorney Hans Bader, in an article for LegalInsurrection.com. “Requiring people to have verbal discussions before sex [also] violates their privacy rights.”

Under Mr. de Leon’s proposed law, colleges all across the state would have to put in writing a formal policy “concerning sexual assault, domestic violence, dating violence and stalking,” Breitbart reported. Schools that failed to comply would lose out on state money for student financial aid awards.

The bill’s already moved through the Senate — with a 27-9 vote — on to the Assembly side.

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