Legislators should reject governor’s campus sex bill

Article here. Excerpt:

'As the legislative session comes to a close, Gov. Andrew Cuomo is making an eleventh-hour push to gain support for a well-intentioned but poorly conceived campus sexual assault bill.
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Unless students record the entirety of each of their sexual encounters, or trade text messages afterwards that confirm the interaction was consensual, it is unclear how they are expected to demonstrate that they obtained affirmative consent. After all, even with an agreement signed in advance, a person has the right to revoke consent at any time.

Affirmative consent also renders plainly lawful sexual activity punishable by colleges. Couples routinely touch each other without advance permission. If an individual finds the interaction unwelcome, the criminal code asks them to communicate their disinterest to their partner. Only if the initiator proceeds despite the request to stop does he or she run afoul of the law and social norms. But under the affirmative consent standard, even a student who ceases contact immediately upon being asked to do so is guilty of sexual assault on campus because he or she didn’t obtain consent up front.'

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