The Absence of "No" Does Not Mean "Yes"

California has made attempts to address the prevalence of sexual assault on college campuses by signing the "yes means yes" bill aimed at redefining consent in a sexual exchange. The law seeks to clarify consent in order to change how rape is commonly perceived. The law used to run under a policy of "no means no", meaning that sexual assault was proven if the person had voiced dissent to the act.

The law now says that consent is an active and voluntary agreement to engage in sexual activity, not a lack of resistance to the act.

The law further states that consent does not have to be verbal if it is unambiguously positive, but silence and lack of resistance does not count as consent. Examples of nonverbal consent could be nodding the head or moving closer to the person. For those that may be asleep, drugged, or passed out, their inability to give consent means any sexual act that occurs in this state is considered a sexual assault.

Reducing Sexual Assault on College Campuses

Many colleges and universities have been under attack for mishandling sexual assault cases on their campuses due popular perceptions of sexual assault being extremely violent.

In January, President Obama encouraged the implementation of policies to curb sexual assaults on places such as college campuses. This comes in part to perceptions that because a person did not actively resist the sexual activity, they were consenting. If they did not actively resist, then they were seen as being compliant in the sexual act.

California becomes the first state that requires school policies on sexual assault rest on the idea of affirmative consent. Faculty will receive training on how to properly file a sexual assault claim and what questions are appropriate to ask. Further, schools will be required to provide counseling and health care services to those that have come forward about a sexual assault.

Critics of the law have said the bill is focused on men and may increase the likelihood of false allegations, ruin lives of those accused, and cost the state millions of dollars in increased lawsuits. Accusations of sexual assault can carry a lifetime of consequences, and those accused of sexual assault at a college or university also face expulsion or suspension.

Any sexual assault charge should be handled by a skilled criminal defense attorney who can help to ensure the future of those accused.