Day by Day Cartoon by Chris Muir

Monday, June 23, 2014

California's Absurd Intervention Over Dorm Room Sex

From Cathy Young at Reason via Instapundit:
With all the other drama in the news, the likely passage of a California law ostensibly targeting sexual assault on college campuses—approved by the state Senate on May 29 and by the Assembly Judiciary Committee on June 18—has gone largely unnoticed. Yet the bill, SB-967, deserves attention as an alarming example of creeping Big-Sisterism that seeks to legislate "correct" sex. While its reach affects only college students so far, the precedent is a dangerous and potentially far-reaching one.

The bill, sponsored by state Senator Kevin De Leon (D-Los Angeles) and developed in collaboration with student activists, does nothing less than attempt to mandate the proper way to engage in sexual intimacy, at least if you're on a college campus. It requires schools that receive any state funds through student aid to use "affirmative consent" as the standard in evaluating sexual assault complaints in the campus disciplinary system.
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In a Slate.com article defending "affirmative consent," feminist writer Amanda Hess stipulates that such laws should be "broad enough to include nonverbal cues." But that would leave fact-finders, in real courts or campus pseudo-courts, to try to decide such questions as: Was a head motion a nod that indicated a "yes"? Does pulling someone closer during an embrace amount to consent to sex? Does a passionate response to a kiss amount to a "nonverbal cue"?
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While these rules are technically gender-neutral, the general assumption in campus activism is that the victim of nonconsensual heterosexual sex is female. Indeed, if there was a sudden rush of male students filing such charges against women who had failed to "ask first," it's likely that the activists would respond the same way battered women's advocates did in the 1990s when their push for mandatory arrest in domestic violence cases led to more arrests of women: by crying backlash and claiming that male abusers are manipulating the system to punish their female victims.
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One would think that the California legislators would have some second thoughts about endorsing a bill that essentially redefines some 95 percent of human sexual encounters as rape (including married sex, since the bill specifically states that a prior relationship creates no presumption of consent). Even the Los Angeles Times, usually strongly supportive of the anti-campus rape campaign, criticized SB-967 in an editorial noting that "it seems extremely difficult and extraordinarily intrusive to micromanage sex so closely."
Yet another reason to leave this State and make sure no male attends college here.

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