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 ...
Signed contract before the action is worthless as the woman can withdraw permission at any time.
Yes we are, and I’m probably your age.
Even that wouldn't work: "Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time."
No, this is not a criminal statute, it is a policy that will be forced on all public colleges in California. There is no “presumption of innocence” mandated in academic hearings.
The bill would require the institutions to have:
“(3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence.”
That’s a much lower standard than used in criminal proceedings. It’s what used in civil cases, and it basically amounts to, if 51% of the evidence presented points to guilt, you are guilty.
Not me. I’m celibate :P
Video record all sexual encounter, or potential sexual encounters and post them on Facebook. This will prevent needless false accusations and plenty of entertainment. Actually, this could be the beginning of a totally new industry. It would be interpreted that if the female consents to sex then it is implied that the video and the subsequent release is automatically authorized. Where is the popcorn?
> I am an old married guy...but this kind of insanity makes me feel sorry for young men today. They are marked targets.
Sort of makes you understand why the wealthy might retain the services of a hooker rather than get played by a V. Stiviano for a huge payday...not saying I would just saying evil women make it hard to tell whose real or not if you’re a celebrity or person of considerable wealth...
Add some Nazi uniforms to that and you have one of those scenes you have to pay big money for in San Francisco...
If you are a college student, leave California.
How many times per minute must she affirmatively consent? Every sex act will have to be like a porno film: "Yes! ... Yes! ... F*** me! ... Yes! ...."
Get a signed document that she’s a model and you’re shooting a porn film and she signs a modeling/porn contract ... :-) ...
LA passed a law requiring condoms for porn productions. This required the hiring on inspectors to verify the law is being followed. Now we need a person to oversee the sexual act so to verify the man had consent throughout.
Not one said yes. Not one said no.
What a system he had. They didn't even know what happened.
This Sex Friend Contract is entered into on the day of ________________ 20__,
between __________________ (hereafter referred to as PARTY A)
and ___________________(hereafter referred to as PARTY B).
Terms & Conditions
A sex session is hereafter referred to as IT. Best Effort is partaking in activities for as long as possible.
1. No sleeping over, unless IT is very good and PARTY A needs to repeat IT in the morning.
2. No meeting in public except for dinner or drinks before IT, or when IT takes place in public
3. No calls before ______ AM/PM.
4. PARTY A retains discretion on which fantasies are acted out.
5. This contract prohibits any emotional attachment. Refer clause 22
6. No plans made in advance, that is why you are called the “backup”
7. This is not a mutually exclusive contract for PARTY A
8. No baby talk, however, dirty talk is encouraged.
9. Any instructions/HOWTO’s given to PARTY B shall be remembered and practiced
10. No calling each other “friends with privileges”, we are not friends, just f*ck buddies.
11. Procreation is not an option - Termination is the only course of action.
12. No extra clothing, I don’t want your ass leaving anything behind when you leave.
13. No falling asleep right after IT, it’s over; go home. See Clause 1
14. Don’t be offended if I don’t ask if you enjoyed IT.
15. You cannot borrow my vehicle for any reason.
16. If anyone asks who you are, the standard response will be “my flatmate’s friend”.
17. Best Effort to accommodate all requests by PARTY A should be made by PARTY B
18. Scheduling of IT is at the sole discretion of PARTY A, however PARTY B is welcome to make suggestions
19. No condoms, no IT.
20. Bring your own alcohol, I am not your liquor store.
21. Documentation of PARTY B may be held for historical purposes by PARTY A.
22. Should PARTY A wish to terminate this contract, effect is immediate
22a Should PARTY B wish to terminate this contract, 14 Days notice, or 6 IT’s, which ever period is longer
23. The aforementioned rules may only be altered by PARTY A.
23b. If the PARTY B wishes to change or alter any terms of this Agreement, it is at the sole discretion of PARTY A
PARTY B’s Signature___________________ Date_______________
PARTY A’s Signature___________________ Date_______________
http://moby.nzpunter.com/sex_friend_contract.html
Nice work if you can get it.
> This law is primed to be struck down as void for vagueness.
So what’s “Don’t, don’t, don’t stop” supposed to mean now?...: )
Unless you end up overseeing sex involving Lena Dunham. chi ching.
Like our famous NYS No. 9!!
My understanding is that about a quarter are recanted, and about a sixth are definitively proven false without a recantation.
There are still far too many rapes and assaults, but after the base conviction rate, you’re left at plausibly about 50/50.
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