Under New California Law, If You Had Sex After Drinking, You Committed Rape

California lawmakers approved SB967 otherwise known as the “Yes Means Yes” bill. The new law states:

The bill mandates that public colleges require students participating in sexual activities have an affirmative, unambiguous and conscious decision by each participant to engage in it. Lack of protest or resistance does not mean consent, nor does silence mean consent. Individuals who are intoxicated, drugged, unconscious or asleep cannot grant consent. Consent is affirmative, conscious, and voluntary agreement to engage in sexual activity. Consent can be revoked at any time during sex.

Lawmakers say consent can also be nonverbal, such as a nod of the head or moving in closer to the person. The bill is the result of the government’s sudden awareness and crackdown of sexual assault at universities.

The part of the bill that I do like is that it requires training for faculty reviewing complaints so that victims are not asked inappropriate questions when filing complaints. The bill also requires access to counseling, health care services and other resources. No college wants to have reported rape cases on their record when they’re attempting to recruit young women and expect their parents to pay tuition that’s generally 1/3 the price of a nice home, so maybe they go to some extents to not have sexual assaults reported.

Now I understand that there is a huge rape problem at colleges, however I don’t think that the “Yes Means Yes” portion of the legislation actually does anything. It’s vague, meddling and litigious. This extreme intrusion of people’s private encounters is rather unsettling. How can they justify micromanaging my perfectly legal and normal sex life? If the woman does not want to engage in sexual activity hopefully the woman will make me aware.

So based on the new laws, if you were a student at a public college in California and you went for drinks with a girl and both of you had sex, both you and the woman would be guilty of rape. Then if you met a woman at a bar, you don’t know her tolerance for alcohol. Some girls get drunk after one glass of wine, while other women can pound three Guinness beers, a shot of Jameson and three Fireballs and appear fine. Does this mean that I have to carry around a breathalyzer and have sexual partners blow in it before they blow other things?

What if a young man and young woman meet in a bar, but are not intoxicated, and they have consensual sex that she verbally agrees to that night, but after a few days the gentleman doesn’t return her calls. What stops her from going to the police and saying that he raped her because she was drunk. It turns into a he said-she said situation with no proof of burden to what actually happened. How do you prove your innocence if she claims that she didn’t actually say, “Yes,” or nod her head? Seems like it opens the door for litigious lawsuits. It’s going to get to the point where before sex there will need to be a contract that needs to be signed in front of a witness who has legal authority to notarize it. If that doesn’t put you in the mood, I don’t know what will. The government and colleges shouldn’t be lurking in the dark corner of my bedroom, “Uh uh uh. She didn’t say yes, so put your dick away.” To which I would say, “Stop your yapping, and come over here, and give a helping hand.”

If politicians are serious about sex crimes, why wouldn’t they tackle a real issue where the victims are subjected to deplorable life-changing such as human trafficking as opposed to semantics of who did or didn’t say “Yes?” From mid-2010 to mid-2012, California’s human trafficking task forces identified 1,277 victims of human trafficking. Of California’s forced labor, the largest number of documented cases in the California were for prostitution. That’s out of all the maids, landscapers, undocumented sweat shop workers, and those working in the huge agriculture business in California. Sex workers accounted for 47.4% of the human trafficking. Of all the 50 states the National Human Trafficking Resource Center Hotline received the highest number of reports on cases or victims of human trafficking from California. This seems like a far greater injustice to women.

Now I am not advocating taking advantage of a girl that a sexual predator purposely plied with copious amounts of alcohol to the point she blacks out or some scumbag who drugs an unsuspecting young girl and rapes her while she’s unconscious. affirmative consent I truly believe that “No means no,” is a solid policy that effectively prevents unwanted sexual advances.

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