California rape law could backfire

Story here. Excerpt:

'It is impracticable for the government to require students to obtain consent at each stage of a physical encounter and to later prove that consent in a campus hearing. Under this rule, implications would be that a student could be found guilty of sexual assault and deemed a rapist simply by being unable to prove she or he did obtain explicit verbal consent throughout a sexual encounter.

The kicker to this law is that the college administration will become the judge, jury and the executioner of those students accused — along with many colleges not allowing students to have due process rights during the process.

There have been cases where the accused have been denied legal counsel, the right to call their own witnesses or to cross-examine the evidence against them, and they are convicted on the “preponderance of the evidence” standard, which only requires administrators to be 50.00001 percent sure of the verdict.

While campus administrators are in many cases doing their best in these situations, they are neither qualified nor equipped to respond properly. The administrators lack the investigative ability, impartiality, professional training and legal knowledge required to deal with sexual assault cases.'