Article here. Excerpt:
'Belinda Guthrie: Sexual consent laws help prevent bad behavior
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Critics of affirmative consent argue it places an undue burden on the initiator of the sexual activity to prove that he or she had consent and violates the due process rights of the accused.
They argue that such policies will lead to an increase of false reporting of sexual assault after incidents that are, in truth, regretted sexual encounters but nonetheless consensual.
Critics also argue that affirmative consent policies are impractical and impossible to enforce and do nothing to improve the resolution of cases involving "he said, she said" arguments and cases in which one or both parties were intoxicated or under the influence of drugs.
Fundamental fairness and due process requires schools to conduct a thorough, reliable, fair and prompt investigation carried out by an experienced, trained and impartial investigator.
An inadequate investigation or the poor handling of a case by an institution does not warrant a movement away from states adopting affirmative-consent policies.
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Samuel R. Staley: Questionable laws turn sex into a police process
Rape is inexcusable and deserves to be discussed seriously, but the current nationwide push for so-called "yes means yes" laws is likely to cause more harm than good.
In brief, a "yes means yes" law puts into state statute a legally binding requirement that all parties involved in a sexual encounter demonstrate an "unambiguous, affirmative and conscious decision" to engage in voluntary sexual relations, to quote California's legislation, which passed last year.
In practice, this means getting verbal consent — an explicit "yes" — at every progressive step in a sexual act.