One in five women and one in 16 men will be sexually assaulted during her or his time in college.
Unfortunately, many attackers do not face adequate punishment for their actions due to common disputes of what is justified as assault and, more importantly, consent.
Until now, "no means no" has been the common mantra for defining consent. If a victim says "no," or expresses hesitance, resistance, or the inability to give consent, the action is deemed sexual assault.
However, California has just enacted a "yes means yes" law to define sexual consent. Governor Jerry Brown has signed a bill making California the first state to have a clear, legal definition of when people agree to have sex.
"Lack of protest or resistance does not mean consent," the law states, "nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time."
Consensual sex is no longer the absence of a "no," but rather the presence of a "yes."
Too often, victims experience fear or the inability to protest assault. If a victim is inebriated or frightened and does not actively resist the assault, it is more difficult for this to be classified as sexual assault. California has set a precedent by requiring that parties involved must give "an affirmative, unambiguous and conscious decision" in order for actions to be deemed consensual. This law also requires that colleges who receive state funding have policies covering more than a dozen cases that can arise in sexual assault cases.
Sexual assault should no longer be part of the college experience. We also should not be afraid to discuss it. As long as it is shoved under the rug, we will never find a solution. Rather than ignoring the issue, colleges need to accept its presence and not believe their campus is different. Rape is not caused by too much drinking or a lack of police. Rape is caused by rapists.
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