Yes Means Yes: Yes or No?

Article here. Excerpt:

'Q: How to prove consent?

How, in a realistic scenario, could a person accused of sexual assault under affirmative consent provide evidence that consent occurred?

A: Jaclyn Friedman

That would depend a lot on the details of the case. But the standard is no different than in a kidnapping case - if a defendant wanted to defend against a kidnapping charge by saying that the person agreed to go with them voluntarily, they'd have to convince a judge and jury that was true. Rape is no different.
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Q: criminal law "yes means yes?"

It's my understanding that "yes means yes" provisions are confined to college campus codes of conduct---for now. Is this a standard we would want in our criminal law?

A: Jaclyn Friedman

I agree that there's a lot to think about when considering applying affirmative consent laws more broadly across the US. But Canada has had affirmative consent as the law of the land. I also think it's not materially different than kidnapping cases - if a victim claims she didn't consent to go with someone, and a defendant wants to prove that she went voluntarily, the defendant would have to make that case to the judge and jury. Affirmative consent doesn't have to change the burden of proof. It just changes whether we assume the people we're having sex with are in a state of already-consenting, or whether they're in a state of not-consenting until we find out otherwise. We don't assume that someone we're talking with will consent to going with us somewhere. We ask, we don't just drag them off. We already practice affirmative consent in most other parts of our social lives.'