Defining nearly all sex as rape

Article here. Excerpt:

'California’s “yes means yes” law turns the idea of sexual consent upside down. Suddenly, nearly all sex is rape, unless no person involved reports it as such.

Consent, under the California law that is spreading to other American universities, is required to be “ongoing throughout a sexual activity and can be revoked at any time.” The law also states that “a lack of protest or resistance does not mean consent, nor does silence mean consent.” Also, previous sexual activity “should never by itself be assumed to be an indicator of consent.”

The law also states that incapacitation due to drugs or alcohol is considered nonconsensual. In theory, one could imagine that meaning black-out drunk or visibly not in control of one’s actions. But in practice, even having one or two drinks hours before sexual activity can constitute "too drunk to consent."

By this definition, the only sex that isn’t rape is sex where consent can be proved beyond a shadow of a doubt for every stage of the activity. Sure, that sounds reasonable, but the fact that one of the bill’s sponsors doesn’t know how anyone could prove consent tells you a lot about the bill.'