(Newswire.net — August 30, 2014) — The state Senate unanimously approved legislation Thursday that, according to its sponsor, will change how campus officials investigate sexual assault allegations.
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.”
The bill was co-authored by Assemblywoman Bonnie Lowenthal: “Our students deserve better, ” she said this week. “They have the right to be free from violence and sexual assault — everyone does.”
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 in order to have valid complaints.
Some critics say the legislation is overreaching and sends universities into murky, unfamiliar legal waters.
Lawmakers say consent can be nonverbal, and universities with similar policies have outlined examples as maybe a nod of the head or moving in closer to the person.
According to Sen. Anthony Cannella, this bill is very simple; it just requires colleges to adopt policies concerning sexual assault, domestic violence, gang violence and stalking.
“They should have already been doing that.” said Sen. Cannella.
The bill would apply to all California post-secondary schools, public and private, that receive state money for student financial aid. The California State University and University of California systems are backing the legislation after adopting similar consent standards this year.
State lawmakers passed a bill that would make California the first state to define when “yes means yes” while investigating sexual assaults on college campuses. Key component of the bill is its provision for outreach programs on campus concerning sexual assault.