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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: C19fan

Strap on a GoPro, and then tell her, “think of this as a legal condom, mmkay sweetie!”


61 posted on 12/19/2014 12:22:01 PM PST by RinaseaofDs
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To: KC Burke

Being married to the accuser is not a defense against a rape accusation.


62 posted on 12/19/2014 12:37:59 PM PST by Boogieman
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To: C19fan

Well, we COULD always go back to the olden days. You know, when a guy had to either go to a prostitute or put a ring on a woman’s finger in order to have sex with her. But somehow I don’t think any of today’s “poor, persecuted guys” want to go back there. They love the fact that women are sexually loose, so...here we are.


63 posted on 12/19/2014 12:40:34 PM PST by Nea Wood
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To: ctdonath2

Sorry, but being married to the accuser is not accepted as a defense against rape allegations.


64 posted on 12/19/2014 12:41:12 PM PST by Boogieman
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To: Nea Wood

You’re absolutely correct....very few if any men would go back to “those days”.....it’s free without responsibility fully today...in fact woman are often the aggressive party!

‘Woman’ have majorly made it very difficult for woman who choose to refrain...sad.


65 posted on 12/19/2014 12:45:09 PM PST by caww
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To: lepton

Thanks. I’m always suspicious of hard and fast numbers, because to arrive at them requires god-like knowledge of The Truth of the situation, which humans just cannot have.

BTW, would like to point out that there are a number of reasons a woman might recant an accusation, such as being pressured or intimidated into doing. A recantation does not in and of itself prove the original accusation was false.

In a true date-rape situation, all parties are agreed intercourse took place, the only issue contested is whether it was consensual.

I find it quite impossible in this scenario to see how either party can “prove” innocence or guilt. Two people each have a story, which contradict each other drastically, and from this we’re supposed to determine “beyond a reasonable doubt” if the accused is guilty?

How is that even in theory possible?


66 posted on 12/19/2014 12:46:12 PM PST by Sherman Logan
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To: dangus
The prosecution needs to prove that the “victim” didn’t say yes.

One would hope, but one would be wrong.

67 posted on 12/19/2014 12:58:48 PM PST by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: C19fan

There is a simple answer, and it was given by the father of a friend’s girlfriend to that friend: “I hope the [blanking] you got was worth the [blanking] you’re gonna get.”


68 posted on 12/19/2014 12:59:52 PM PST by NonValueAdded (Pointing out dereliction of duty is NOT fear mongering, especially in a panDEMic)
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To: ConservingFreedom; Lazmataz
No man would consent to sex with Lena Dunham.

Did you forget about Laz?

69 posted on 12/19/2014 1:04:39 PM PST by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: lepton
So why are we always being hectored: Only 2 percent of rape allegations are false!

Because feminists insist that all sex is rape, even sex in marriage.

70 posted on 12/19/2014 1:10:12 PM PST by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: C19fan

There’s an app for that, You text her a consent form detailing what activities she wants to engage in, and what’s off limits. next she fills in the boxes and texts it back. Then your phones have sex.


71 posted on 12/19/2014 1:31:18 PM PST by Hugin ("Do yourself a favor--first thing, get a firearm!",)
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To: NonValueAdded

“I hope the [blanking] you got was worth the [blanking] you’re gonna get.”
= = = = = = = = = =
That used to be the definition of ‘Alimony’.

Then there was the guy ‘crying in his beer’ and his buddy asked what was wrong.
“Oh, nothing. I was just thinking 20 years ago on her 17th birthday, her father caught us having sex and threatened me with jail or getting shot if I didn’t marry her the next day. At the time the sentence was 20 years.
I am crying because today I would be getting out of jail and this whole thing would have been done with”.


72 posted on 12/19/2014 1:34:14 PM PST by xrmusn ((6/98)those who understand, no explanation needed-Those who don't none will work.)
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To: C19fan

Columbia University has become a serious target of the ‘rape culture activists’ and responded with a new and draconian set of rules and standards for sexual assault in response to the new Title IX demands from the Dept. of Education.

You don’t have to actually be in contact with someone of either sex to get into trouble for ‘creating a hostile sexual environment”

If you are in a dorm room with some fellow students, Making sexually tinged remarks about someone walking across the campus like: “Yowza, see the gal with the diamond ring, she knows how to shake that thing”

That’ll put you in front of a panel of rape activists and wimpy liberal professors who can decide your future at the college.


73 posted on 12/19/2014 2:21:58 PM PST by wildbill (If you check behind the shower" curtain for a murderer, and find one... what's your plan?)
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To: Rio

“You’d need to have a spotter the whole time.”

We’re going to need to kill this thread before Laz sees that post.


74 posted on 12/19/2014 2:44:37 PM PST by CodeToad (Islam should be outlawed and treated as a criminal enterprise!)
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To: ConservingFreedom

Indeed, a marriage certificate would be helpfully, but today even then it might be rape.


75 posted on 12/19/2014 3:09:44 PM PST by cotton (one way, one truth, the life.)
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To: C19fan

I have an idea. How about if men band together, and fight for their equal rights?


76 posted on 12/19/2014 3:49:38 PM PST by TwelveOfTwenty (See my home page for some of my answers to the left's talking points.)
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To: Sherman Logan

BTW, would like to point out that there are a number of reasons a woman might recant an accusation, such as being pressured or intimidated into doing. A recantation does not in and of itself prove the original accusation was false.


Certainly, and a number of reasons for numbers to be a bit fuzzy..though probably not by huge percentages of the whole. Generally the proportions for false accusations are somewhere between a third to just under half. The roughly 42% I suggested is a fair center, and includes attempts to account for false recants.

Many of us have wives, sisters, daughters and mothers, and aren’t wont to tolerate mistreatment - especially of this sort.


77 posted on 12/19/2014 7:17:52 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: Nea Wood

Not having sex is not a defense against some of this stuff either. ...especially the “delayed report” stuff.


78 posted on 12/19/2014 7:23:15 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: lepton
Many of us have wives, sisters, daughters and mothers, and aren’t wont to tolerate mistreatment - especially of this sort.

Many of you also have sons. When do you start to defend them against the injustices they face?

79 posted on 12/20/2014 4:45:23 AM PST by TwelveOfTwenty (See my home page for some of my answers to the left's talking points.)
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To: lepton

Thanks for the response.

42% sounds a little high to me. I would lean more to somewhere between 20% and 30%, but must admit that’s based on little more than instinct.

I think the most honest thing to say is that probably 60% of reports of rape are entirely accurate. A rape occurred, though not necessarily by the person accused.

Perhaps 20% are indisputably false, with no rape occurring.

With the remaining 20% being impossible to determine one way or the other.

YMMV

I’ve never quite understood why liberals consider conservatives to be apologists for rape, when I’m cheerfully in favor of capital punishment for actual rapists.


80 posted on 12/20/2014 8:13:45 AM PST by Sherman Logan
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