SAVE: Law Professors Voice Concerns Over ‘Affirmative Consent’ Policies for Sex

Press release here. Excerpt:

'A growing number of legal scholars are expressing concerns over affirmative consent policies that some universities are considering for implementation. The concerns follow recent passage of laws in California and New York mandating such policies on college campuses.

This past week, Tamara Rice Lave of the University of Miami law school wrote on her blog, “I have a problem with legally requiring affirmative consent. I don’t see how making a person prove that her partner consented doesn’t switch the burden of proof to the accused…I find this trend to be extremely troubling.” http://prawfsblawg.blogs.com/prawfsblawg/2015/09/affirmative-consent-and-switching-the-burden-of-proof.html

Nadine Strossen, former president of the American Civil Liberties Union and current professor at New York Law School, recently noted, “These affirmative consent rules violate rights of due process and privacy. They reverse the usual presumption of innocence. Unless the guy can prove that his sexual partner affirmatively consented to every single contact, he is presumed guilty of sexual misconduct.”  http://news.hamlethub.com/ridgefield/events/48981-former-aclu-president-nadine-strossen-will-be-the-keynote-speaker-at-wcsu-s-constitution-day'