California debates 'yes means yes' sex assault law - New York News:
SAN DIEGO (AP) - College students have heard a similar refrain for years in campaigns to stop sexual assault: No means no.
Now, as universities around the country that are facing pressure over the handling of rape allegations adopt policies to define consensual sex, California is poised to take it a step further. Lawmakers are considering what would be the first-in-the-nation measure requiring all colleges that receive public funds to set a standard for when "yes means yes."
......Legislation passed by California's state Senate in May and coming before the Assembly this month would require all schools that receive public funds for student financial assistance to set a so-called "affirmative consent standard" that could be used in investigating and adjudicating sexual assault allegations.
That would be defined as "an affirmative, unambiguous and conscious decision" by each party to engage in sexual activity.
Silence or lack of resistance does not constitute consent.
The legislation says it's also not consent if the person is drunk, drugged, unconscious or asleep.
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