2.23.15 | Marty Moore
The behavior nannies are at it again. California passed a law requiring all state colleges that receive public funds for student financial assistance to establish an “affirmative consent standard” for parties engaged in sexual activity.
An early draft of the legislation, known as the “Yes Means Yes” law reads: “If there is confusion as to whether a person has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved.”
Really? Do students need the state to tell them they may be moving too fast? And if they do, what’s the chance they’d listen anyway?
The draft, sounding as if legal arbitration would be required after each kiss or fondle, was changed to read consent must be “ongoing” and “can be revoked at any time.”
Of course it is and can be. Everyone knows that. Everyone except the intoxicated, drug-impaired college students for whom the policy is intended. To be sure there’s nothing funny about unwanted sexual advances or, worse, physical assault, but just how will a state mandate change the age-old, post-coital quandary of he-said, she-said? Hormones rampant; the hookup culture ubiquitous; memories foggy; sober witnesses in short supply. Short of reinstituting 1950s-style in loco parentis discipline, proctored single-sex dorms, Greek house mothers, and chaperoned non-alcoholic mixers, unfortunately this scourge will continue until both male and female students take responsibility for themselves.