Calif. Legislature passes ‘yes means yes’ measure

Associated Press

SACRAMENTO, Calif.

State lawmakers on Thursday passed a bill that would make California the first state to define when “yes means yes” while investigating sexual assaults on college campuses.

The Senate unanimously passed SB967 as states and universities across the U.S. are under pressure to change how they handle rape allegations. The bill now goes to Gov. Jerry Brown, who has not indicated his stance on the bill.

Sen. Kevin de Leon, D-Los Angeles, said his bill would begin a paradigm shift in how California campuses prevent and investigate sexual assault. Rather than using the refrain “no means no,” the definition of consent under the bill requires “an affirmative, conscious and voluntary agreement to engage in sexual activity.”

Silence or lack of resistance does not constitute consent.

Lawmakers say consent can be nonverbal, and universities with similar policies have outlined examples such as a nod of the head or moving in closer to the person.

Advocates for victims of sexual assault supported the change as one that will provide consistency across campuses and challenge the notion that victims must have resisted assault to have valid complaints.

Some critics say the legislation sends universities into murky legal waters.