A new definition of sexual consent
The California Senate passed a first-in-the-nation bill Thursday to define what amounts to consensual sexual activity in colleges in the state, a milestone at a time when colleges across the country are under close scrutiny for how they handle campus sexual assault.
The bill will head next to Gov. Jerry Brown’s desk. If enacted, it would make colleges adopt a student conduct policy requiring “affirmative, conscious, and voluntary agreement to engage in sexual activity,” as a condition for state funding. The bill defines consent to sex as the presence of a “yes” rather than the absence of a “no,” a cultural shift that victim’s groups have long advocated. In practice, colleges would be required to use the bill’s definition when they teach students about sexual assault during orientations, and when investigating claims of sexual assault. It would apply any public or private colleges that receive state financial aid funding.