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How can those accused of sexual assault prove consent under 'yes means yes'?
Washington Examiner ^ | December 19, 2014 | Ashe Schow

Posted on 12/19/2014 11:01:37 AM PST by C19fan

This isn’t one of those articles where I ask a question in the headline and provide the answer in the text. Because the truth is, I don’t know how someone accused of sexual assault is supposed to prove they obtained consent under the new “yes means yes” policies.

And it looks like no one else knows either.

I reached out to the lead sponsor of the California affirmative consent law, state Sen. Kevin de Leon, because when I tried asking other sponsors of the bill, they directed me to him. His office provided a lengthy description of the bill that did not actually answer my question. My follow-up thus far has gone unanswered (although they are three hours behind).

Then I tried contacting California Gov. Jerry Brown, who signed the "yes means yes" law. A representative from his office said they would find someone to answer my question. I never heard back.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Culture/Society
KEYWORDS: due; emilyrenda; process; rape; rapehoax; sexual; uva
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To: Sherman Logan

Once you are convicted in one educational institution, you will have a very difficult time getting into any other educational institution across the country.

This is also the first step in bringing the law or into effect under criminal law. You will end up serving time in prison for being accused and not able to prove your innocence.


41 posted on 12/19/2014 11:33:03 AM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: ConservingFreedom

There is man who is willing for a share of her $3 MM book advance. :0


42 posted on 12/19/2014 11:33:28 AM PST by C19fan
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To: C19fan

SEX CONTRACT

I, _______________________, hereby surrender all possibilities of friendship, commitment, marriage, guilt-trips and near-pregnancies in exchange for one (1) night of USDA approved fondling and fornication. I will not return to the scene of said activities, nor call, write or otherwise contact/harass or vex said co-signer of contract for a time of no less than thirty (30) days and nights after said activities have been fulfilled. I also surrender all rights to propagate rumors, misnomers and dirty looks in the cafeteria from myself and friends, and will treat said co-signer with all the respect due a stranger. I will say “hi” if we pass within ten (10) meters in a friendly, if not neutral, tone. I will also upon completion of heretofore listed activities not leave underwear, earrings or other insignificant yet oh-so-valuable knick-knacks lying about or hidden somewhere in the co-signer’s abode for the sole purpose of returning to said abode and breaking the no-contact agreement of this document. I furthermore state that I am of sound mind and desirable body, and will not call said co-signer by any other name than is his or her own, nor reminisce on some former slime-ball/great lover who wore the same cologne, roll-on, boxer shorts or robe. I will also pay one-half of all laundry fees as needed after prescribed activity.

Signed,
_____________________________________
Fornicator At Large

http://jokes.cc.com/funny-school-jokes/do7jnx/sex-contract


43 posted on 12/19/2014 11:33:28 AM PST by Bubba_Leroy (The Obamanation Continues)
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To: dangus

“The prosecution needs to prove that the ‘victim’ didn’t say yes.”

One would hope so, but given today’s rabidly feminist all-men-are-rapists world we are in, the mere allegation is sometimes, many times, enough. . .especially in a university setting where standards of proof are twisted and inverted.


44 posted on 12/19/2014 11:34:16 AM PST by Hulka
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To: Bubba_Leroy

see movie “Cherry 2000”, the bar scene.


45 posted on 12/19/2014 11:34:22 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: C19fan

The old ‘sexual consent form’ joke isn’t a joke any more.


46 posted on 12/19/2014 11:37:05 AM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: C19fan
Historian Kate Simon has a rather naughty story about that in her A Renaissance Tapestry: the Gonzaga of Mantua. It would appear that a certain noble feller had to prove that his marriage wasn't annulled because of his impotency, and so had to demonstrate his, ah, ability, with a paid volunteer in front of a board of witnesses... Yes, as one might imagine, there was a certain amount of performance anxiety, not to mention that the volunteer demanded a retrial. And one of the requirements was...how shall I put this politely? - manual verification of the act in progress.

We think we got it bad... ;-)

47 posted on 12/19/2014 11:37:54 AM PST by Billthedrill
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To: C19fan

“Because the truth is, I don’t know how someone accused of sexual assault is supposed to prove they obtained consent under the new “yes means yes” policies.”

The correct answer is...they can’t! You can’t prove a negative so you are guilty of whatever a feminazi accuses you of.


48 posted on 12/19/2014 11:45:32 AM PST by Beagle8U (If illegal aliens are undocumented immigrants, then shoplifters are undocumented customers.)
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To: Boogieman

Will you be able yo prove where you were 8months ago, at any point of time?


49 posted on 12/19/2014 11:48:45 AM PST by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: C19fan

if I was on the prowl in this time and age, (Thank God I am not. 30 Years and counting) I would get a really good recording voice device which I would have on me at all times in these situations.

That way there would be proof of what was actually said.


50 posted on 12/19/2014 11:50:09 AM PST by wbarmy (I chose to be a sheepdog once I saw what happens to the sheep.)
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To: lepton

If you’ve got some actual statistics for those numbers, I’d like to see them.

My personal suspicion is that around 20% of rape accusations are factually false, no actual rape occurred. Based on the assumption that if 10% can be proven false, it’s likely another 10% are false but it can’t be proven.

Some additional percentage are questionable, with possibility of rape being based entirely on state of mind at the time. Something utterly unknowable to anybody else, and somewhat difficult to determine even for the “victim.”

There is a well-known case where a “good girl” fresh meat college student was gang-raped five strangers in a public bathroom. Denunciations, mea culpas and prosecutions were ramping up when it turned out one of the students had videotaped the “attack.” Viewing the footage it was obvious the “victim” was a willing and indeed enthusiastic participant.

As Emily Litella used to say, “Never mind!”

But without that footage, the young men involved would have been convicted and imprisoned and the case would still be celebrated as an example of rape culture. Somewhat muted by the fact that I think all participants were AA.

http://www.slate.com/articles/news_and_politics/jurisprudence/2009/09/smeary_lines.html


51 posted on 12/19/2014 11:54:46 AM PST by Sherman Logan
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To: jsanders2001
So what’s “Don’t, don’t, don’t stop” supposed to mean now?

Or, with slightly different punctuation.

Don't. Don't. Don't. Stop!

52 posted on 12/19/2014 11:57:34 AM PST by Sherman Logan
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To: E. Pluribus Unum

Dittoes.

Record it all. Before - during - and after.


53 posted on 12/19/2014 11:58:04 AM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: C19fan

Marriage licenses are already recorded with the local jurisdiction. That’s all you need.


54 posted on 12/19/2014 12:02:09 PM PST by KC Burke (I know by screen name says KC but I'm in AZ now!)
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To: Billthedrill

“Nothing like a signed contract.”

Leftists are slowly rediscovering the origins of conservative values. This one is called “marriage”: before sex, sign a contract of intent, choice, acceptance of consequences, and confirmation by legal witnesses.


55 posted on 12/19/2014 12:04:37 PM PST by ctdonath2 (Si vis pacem, para bellum.)
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To: C19fan

I have seen cases where mere incidental physical contact resulted in a claim of sexual assault. One woman I was dating actually tried pulling that on me - I touched her arm, and that set her off (this is the one who also accused me of being a member of Aryan Nation). The aftermath of dealing with this witch made some of the rules at Pensacola Christian College actually seem reasonable.


56 posted on 12/19/2014 12:09:41 PM PST by Fred Hayek (The Democratic Party is now the operational arm of the CPUSA)
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To: Sherman Logan

It’s more of a cumulative thing. Studies which have even remotely reasonable definitions of rape, while differentiating rape from ogling, tend to go that way.

Tangential posts:

http://www.freerepublic.com/focus/f-news/3238798/posts

Rape and Sexual Assault Victimization Among College-Age Females, 1995–2013
US Dept Justice ^ | December 2014 | Sofi Sinozich & Lynn Langton
Posted on December 18, 2014 11:56:07 PM EST by fkabuckeyesrule

For the period 1995–2013, females ages 18 to 24 had the highest rate of rape and sexual assault victimizations compared to females in all other age groups. Within the 18 to 24 age group, victims could be identified as students enrolled in a college, university, trade school or vocational school or as nonstudents. Among student victims, 20% of rape and sexual assault victimizations were reported to police, compared to 32% reported among nonstudent victims ages 18 to 24.

Post 14 is also notable.

The main post refers to the following Coulter article, which has some similar numbers to what I stated:
http://www.anncoulter.com/columns/2014-12-17.html

The U.S. Air Force, for example, examined more than a thousand rape allegations on military bases over the course of four years and concluded that 46 percent were false. In 27 percent of the cases, the accuser recanted. A large study of rape allegations over nine years in a small Midwestern city, by Eugene J. Kanin of Purdue University, found that 41 percent of the rape claims were false.

To put it in terms Kirsten Gillibrand would understand, two in five women claiming to have been raped are lying.

So why are we always being hectored: Only 2 percent of rape allegations are false!

That oft-cited number comes from Susan Brownmiller’s 1975 book, “Against Our Will” — which sourced the claim to a mimeograph of a speech by a state court judge, who made a passing remark about a New York police precinct with an all-female rape squad. Nothing more is known about whether this was an actual study, and if so, what was examined, how the information was collected or the actual results. Nor can any trace of the speech, the precinct or the data be found.


Not directly responsive to your request, but perhaps of interest.


57 posted on 12/19/2014 12:10:08 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Jonty30

Sure, most likely. There are surveillance cameras everywhere nowadays.


58 posted on 12/19/2014 12:16:26 PM PST by Boogieman
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To: KC Burke

Thank you.

If the sex act is not with your married spouse, then engaging is sex even with signed contracts and a video-taped permission is still no good.

I often think of the Duke Lacross team. They were set up and Nifonged. Simply because a lying drunk whore was given greater credibility over white boys. And while I thank God they were finally exonerated, there is one fact that remains.

Those boys DID mess up. Their sexual antics got them in a lifetime of trouble.


59 posted on 12/19/2014 12:19:50 PM PST by Responsibility2nd (NO LIBS. This Means Liberals and (L)libertarians! Same Thing. NO LIBS!!)
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To: C19fan

Guys will wear body wires.


60 posted on 12/19/2014 12:20:16 PM PST by Pearls Before Swine
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