Sexual assault “Yes Means Yes” legislation necessary in understanding consent and the accused

Article here. Excerpt:

'Male students are claiming that a bias against them has resulted in unfair trials in which the accused are not able to submit potential evidence in sexual assault cases. One student at the University of California, San Diego, was accused of sexually assaulting a friend, and in his hearing at the school he attempted to submit text messages as evidence that would have proven that the woman had given consent to the sexual relationship. The submission of the text messages was denied, and the student lost his hearing because he couldn’t prove consent. Later, Superior Court Judge Joel Pressman said, “the hearing against petitioner was unfair,” NPR reported.

It is likely true that some of men who are accused of sexual assault aren’t guilty. But this arguably wouldn’t be an issue if students were taught to cover all of their bases, so to speak. It isn’t difficult to be a decent person. It isn’t difficult to realize that if a person is drunk, you shouldn’t have sex with them, because they aren’t in the right state of mind to give you consent. Herein we tie back to the question of, “what if one person says it’s okay, but decides in the morning they didn’t want it?” It’s simple, really: no matter how many times a person may say something is okay, no one is able to give consent when they are drunk. Period. And if this “Yes Means Yes” legislation begins teaching this fact in the tenth grade when it really starts to matter, then the government is doing its job. We need to learn to play it safe. We need to teach that if you shouldn’t drive a car when you’re drunk, as it could change your life in ways you never imagined, the same goes for sexual conduct.
And that is why it is so important that schools and colleges give everyone a chance for fair trial. All evidence must be submitted and everyone must have a chance to say his or her piece — it’s only fair in the grand scheme of democracy in this country. Because proof of affirmative consent can’t possibly be required, therefore, it’s necessary that all those accused be able to present their cases. We would rather see someone falsely accused than see someone avoid coming forward for fear of retribution for wrongly accusing someone.
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All roads lead back to education here. If “Yes Means Yes” influences students to act responsibly and colleges and universities to maintain fairness in all sexual assault cases, then by all means, let’s start implementing this legislation into every state education system.'

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Comments

I hope the authors gets falsely accused of something and hoisted on their own petard. Just like the old Bugs Bunny cartoon... "Remember, you're asking for it!", followed by a pie in the face. Or in this case, a one-way trip out of school.

It was your idea, don't forget!

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