The College Fix

California’s so-called “yes means yes” legislation, which returned to the state Senate for a vote on Assembly amendments, would require college students to get “affirmative” and ongoing consent during sexual encounters.

How exactly a person can prove such consent following a sexual-assault allegation is anyone’s guess, including a bill co-sponsor’s. One expert’s plausible suggestion: Make a sex tape every time.

Brooklyn College history professor K.C. Johnson, co-author of a book on the Duke lacrosse rape case, told the Washington Examiner that “recording the entire sexual encounter” from start to finish may be the only foolproof solution:

Of course, Johnson noted, “such a recording could in and of itself violate criminal law and college policies.”

As for ensuring that consent is “ongoing,” Johnson said “California students would be wise to interpret the measure as stringently as possible — that is, there must be consent for every single stage of the activity.”

And Johnson believes that consent would have to be verbal, since colleges and universities could claim the accused “misinterpreted a non-verbal cue.”

Here’s an illustration of ongoing verbal consent from Van Wilder (warning: some language and sexuality):

Johnson also recommends making sure your partner didn’t consume alcohol or drugs before sexual activity, so the person can’t claim being “incapacitated” and therefore unable to give consent.

To learn about the other problems with the bill, read the full Examiner article.

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