Young Californian men beware: You could be branded a rapist

Submitted by Mastodon on Tue, 2014-09-30 22:30

Article here. Excerpt:

'Gov. Jerry Brown, D-Calif., has signed into law the state’s controversial “yes means yes” sexual consent bill for disciplinary procedures at public colleges, which defines consent narrowly and leaves accused students without due process rights.

California’s bill, S.B.967, is the first in the nation to define consent as an “affirmative, conscious, and voluntary agreement,” but also codify into law that a “lack of protest or resistance does not mean consent, nor does silence mean consent.”

Non-verbal consent, such as a nod, is acceptable under the law, but because the law’s text requires consent to be “ongoing throughout a sexual activity and can be revoked at any time,” the likelihood that a university could determine signals were misinterpreted is high.

That’s because the law gives no due process rights to the accused. It requires universities provide accusers (labeled “victims,” which itself suggests a bias) with counseling services, but doesn’t offer any services for the accused.
...
Without due process rights for the accused — like access to legal representation or the ability to cross-examine the accuser — miscarriages of justice will occur. In many such cases, the police refuse to press charges because “he said, she said” may prove insufficient evidence for a criminal trial under procedures that fit within constitutional guidelines.'

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Comments

... the gov't to respect their various rights to presumed innocence, etc., when even they don't.

A civically degenerate populace gets a civically degenerate gov't. Simple enough. It's been the downfall of many other societies before ours. The one thing history seems to teach everyone who's studied it for any amt. of time is that people rarely learn from it. The larger the crowd of people involved, the less likely they are to act collectively as if they've learned anything from it.

"Silly human, silly human race..."

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Submitted by Matt on Wed, 2014-10-01 17:29

If I understand the law correctly, it applies to both sexes.

Let's suppose a woman accuses the man of failing to obtain "affirmative consent" when they had sex. At the same time, she never obtained affirmative consent from him. We know this, because to obtain consent from him, she had to ask him for consent--and if she asks him for consent, she is giving her own implied consent.

In other words, the only way she can accuse him of rape is by admitting she never asked him for consent, which makes her a rapist as well.

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Submitted by el cid on Thu, 2014-10-02 14:06