American Bar Association mulls campus sex rules for criminal code

On college campuses, accused students often must prove they obtained “affirmative consent” from their partners before and throughout sexual activity. In a few states, it’s the law for college students.

The American Bar Association, which sets academic standards for law schools and recommends legislation, is deciding whether it should be the law for everyone.

Criminal lawyers and advocates of due process are urging the ABA to reject a resolution that they say would flip the burden of proof from the government to the accused in criminal cases.

Mandating affirmative consent would functionally mean the end of the Fifth Amendment right against self-incrimination, they argue, by requiring the accused to testify of their innocence.

Off topic, but I recall during the Kavanaugh hearings, some Democrats, including Blumenthal(sp?) from Connecticut, saying that Kavanaugh needs to provide evidence to prove his innocence.

The liberals do not believe in “innocent until proven guilty” concepts. They seem to have a mindset that we need to conduct inquisitions against perceived political enemies.

Considering they are actually taking up these ideas as something worthy of being considered, President Trump should just go ahead and issue a New Federal Regulation:

Any practicing Attorney that is now or has ever been a member of the American Bar Association, shall be prohibited from practicing law in Federal Courts.

I have to laugh on your post. It falls in line with the existence of the ABA.

The American Bar Association (ABA), founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. So all they are is a lawyers club that sits around and complains about their surroundings. You can find the same thing on the porch of a retirement home. Big deal, another liberal think (?) tank.

rwood

Lawyers would not support affirmative consent, think about it.

On the contrary, this is perfect for attorneys. It's one more opportunity for billable hours, and the ambiguity that can go along with this type of scenario, just means more back and forth.

Just think about it this way; the less laws there are, the less we have a need for the legal profession.

There does not need to be ANY “campus sex” rules.

1. Every state has laws regarding rape and sexual abuse.

2. Every state has civil courts available for civil complaints, and even court ordered injunctions, regarding “harassment” and other forms of behavior not covered in states’ criminal code.

All the colleges need is state and or federal regulation of colleges that DEMANDS that colleges DO NOT themselves adjudicate any matters regarding sexual behavior between students that is already covered in the states’ laws or that can be handled through complaints submitted through the civil courts. Those regulations should also demand that colleges do not administer any administrative actions against any student in such matters until after the matters have completed the processes in the courts.

The only immediate action colleges need to take in such matters is (a) directing a student to the local police/prosecutor offices to whom a claim of a legal violation can be made, and/or (b) directing a student to the proper legal assistance office of the local courts for either filing a civil judgement or asking for an injunction against another student.

Beyond that, the only thing the school should be asking is if those things the student can do with the local authorities have been done, and if they haven’t then why not.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.