Yes means yes law takes effect
California college change policy on sexual assault
January 20, 2015
The “Yes Means Yes” law, also known as CA State Senate Bill 967, signed by Governor Jerry Brown in September, 2014, officially took effect as of January 1. SB 967 will attempt to remove any doubts of mutual consent in sexual crimes on California college campuses.
It is no secret that there has been a drastic increase in reports of women who have been sexually assaulted on college campuses all over the United States. A study by the U.S. Department of Justice found that one in five women have experienced sexual assault of some kind in college as of 2007.
The problem is rooted in poor policy regarding sexual assault on campus by the universities themselves. The main controversy is the universities use of the “No Means No” law, which has a never ending list of flaws and loopholes attached.
Under the old “No Means No” law, a lack of objection by the rape victim was construed as consent. Under the “Yes Means Yes” a new term has been adopted called affirmative consent.
Previously, an accused individual would argue in their defense that inebriation or promiscuity were evidence for the alleged attack, which would be hard to dispute considering a truly intoxicated victim would have trouble protesting under the circumstances.
Under the “Yes Means Yes” law, in order to prevent a misunderstanding between either party engaged in sexual activity, both have to be in mutual agreement and have said so aloud, both have the right to renege at any time. This new policy is more sympathetic to the victim, while before the law was more sympathetic to the sexual predator, giving them ample ammunition to dispute charges.
The new law not only requires that all California colleges adopt this “Yes Means Yes” policy, but also requires that colleges implement new victim-centered policies for sexual assault and prevention and outreach programs addressing the topic of sexual assault on campus. All California colleges must include all of this information as well as specific information dictated by SB 967 during student orientation, ensuring that every student hears and understands the new law.
This law will give California colleges financial resources to prosecute and prevent those who commit sex-based crimes on campus and also inform the population of the dangers of sexual assault on campus.
SB 967 is a step forward for California colleges because it ushers sweeping changes to start in the U C and CSU college systems regarding sex related crimes on campus.While the new law is not cosolatory to the women who were victimised on campus or because of its untimeliness, nevertheless it will give colleges the tools and resources to investigate and prosecute any individual who commits a sex based
crime on a college campus. Although,it is quite shameful that for whatever reasons the alleged perpetrators were never prosecuted for acquaintance rape on campus,perhaps because the college was avoiding bad PR. However, now they will be held accountable according to this new law by the name of Yes Means Yes that is already in effect this month.