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California Bill Would Make All Sex Rape Without Prior Verbal Consent

June 9, 2014 by  

California Bill Would Make All Sex Rape Without Prior Verbal Consent
THINKSTOCK

If a California Democrat has his way, “yes” will mean “yes” only if both parties say “yes” out loud before sex.

A bill has been proposed that requires California colleges and universities to adopt policies concerning campus sexual violence, domestic violence, dating violence and stalking policies containing an “affirmative consent” policy in order to receive State funds for financial assistance.

In other words, all sex on campus would be treated as sexual assault unless a conversation about the act occurred beforehand, and the couple demonstrates they obtained “affirmative consent” before engaging in sexual activity. The bill describes “affirmative consent” as an “affirmative and conscious decision by each participant to engage in mutually agreed-upon sexual activity.”

The bill states the consent must be “informed, freely given, and voluntary,” and, “It is the responsibility of the person initiating the sexual activity to ensure that he or she has the consent of the other person to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent.” The bill also states that the existence of prior sexual relationship or dating relationship could not be assumed as an indicator of consent.

Writing for Legal Insurrection, attorney Hans Bader says, “Since most couples have engaged in sex without “verbal” consent, supporters of the bill are effectively redefining most people, and most happily-married couples, as rapists. By demanding verbal discussion before sex, they are also meddling in people’s sex lives in a prurient fashion. (Whether consent is explicit is often inversely related to whether sex is really welcome, with grudgingly consensual acts often being preceded by more explicit discussion and haggling than acts that are truly welcomed and enjoyed… Disturbingly, it’s not just sex they want to regulate, but also ‘sexual activity’ in general. The bill may require affirmative consent before multiple steps in the process of foreplay that leads to sex, even between couples who have engaged in the same pattern of foreplay before on countless occasions.”

Bader notes that requiring people to have verbal discussions before sex violates their privacy rights under at least two Supreme Court decisions, and also would ban foreplay as commonly occurs among married and unmarried couples alike.

But wait! I thought it was only conservatives who wanted to get into everyone’s bedrooms.

H/T: Breitbart.com

Bob Livingston

founder of Personal Liberty Digest™, is an ultra-conservative American author and editor of The Bob Livingston Letter™, in circulation since 1969. Bob has devoted much of his life to research and the quest for truth on a variety of subjects. Bob specializes in health issues such as nutritional supplements and alternatives to drugs, as well as issues of privacy (both personal and financial), asset protection and the preservation of freedom.

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