California First in Nation to Enact “Yes Means Yes” Law

California Governor Jerry Brown signed bill SB-967 on Sunday which requires “affirmative consent” to sexual activity on college campuses statewide. The bill goes on to define affirmative consent as “conscious, voluntary… and ongoing throughout sexual activity,” and revokes acceptance of “passive consent” forms such as silence, intoxication, past sexual relations between the parties involved, and inability to communicate. The bill, which adds Section 67386 to the state’s Education Code, further requires postsecondary educational facilities in California to adopt “detailed and victim-centered policies and protocols” regarding all forms of sexual and…

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