New York followed suit by adopting a punitive «yes, yes» policy, and 12 other states and cities have since considered positive approval measures, according to Consent Gamechangers, a Florida-based advocacy group. Many universities have introduced their own guidelines for affirmative consent regardless of state law, as the mantra of affirmative consent has been supported by feminist celebrities such as Gloria Steinem and Lady Gaga. A 2007 study by the Department of Justice found that one in five women is the victim of attempted or assaulted sexual violence during her studies. A new California law aims to reduce those numbers by allowing colleges to replace the «no means no» rule with a «yes means yes» rule when evaluating sexual assault cases. «The absence of protest or resistance does not mean consent,» the law states, «any more than silence means consent. Consent must be continuous during sexual activity and can be revoked at any time. The California legislature approved the measure last month with broad support. But while victims` lawyers have adopted the new standard, the law also has critics who say its requirements place too heavy a burden on the accused. In 2014, the state of California signed Senate Bill 967 into law, which set the standard for positive approval for all colleges and universities. Affirmative consent means «affirmative, conscious and voluntary consent to sexual activity» and is «the responsibility of each person involved in sexual activity to ensure that they have the explicit consent of others or persons to engage in sexual activity.» Yes means Yes is also extremely reassuring for many of the young men I meet. Kaminer`s gender assumptions are not an anomaly – critics of affirmative approval almost universally assume that the norm is intended to punish men and protect women. This not only erases sexual assault when the perpetrator is not a man, but also ignores the reality that men are more likely to be raped than affected by a false accusation (extremely rare). This is one of the reasons affirmative consent is actually a gender-neutral norm: it tells young men that their needs, desires, and limitations matter too, and that it matters just as much if someone hurts them as if they were a woman.
And it teaches people of all genders that it`s easy to make sure you don`t hurt anyone during sex: just come and take care of your partner; Listen to what they tell you; And if you can`t say it, you have to ask. This is especially helpful for young men, many of whom fear accidentally hurting their sexual partners simply because they are men. To better educate young Californians about positive approval, Gov. Jerry Brown signed a new law, SB 695, this month that requires public high schools to develop a curriculum that covers «yes means yes,» the consequences of sexual violence, and the development of healthy peer relationships based on mutual respect. The new law does not change the criminal liability of a student accused of rape, nor what happens when a student goes to the police to report a sexual assault. It only dictates how sexual assaults are handled internally at California colleges and universities that accept state funds for financial aid (which is almost it). Gov. Jerry Brown signed a bill that makes California the first in the country to have a clear definition of when people consent to sex.
The law goes beyond the usual «no means no» standard, which has been accused of bringing ambiguity to sexual assault investigations. In 2014, California Governor Jerry Brown signed the «Yes Means Yes» law, which requires California colleges to have clear sexual assault guidelines that shift the burden of proof from victims to defendants. The «Yes is Yes» movement dates back to the «No, That`s No» movement, founded in the 1990s by the Canadian Federation of Students to combat sexual violence.  Yes. But colleges will not investigate whether their students have had sex without positive consent, except in cases where a party believes they have been sexually assaulted and reports it. Couples who have sex without giving their positive consent, but who are both voluntary participants, are not hunted down and punished by their schools. «Young people`s attitudes toward gender and sexuality begin long before high school,» said Senator Hannah-Beth Jackson, co-author of the bill.