Yes Means Yes redefines consent

Kellie McCown

Last Thursday, state lawmakers passed a bill that would make California the first state in the nation to redefine consent and how sexual assault cases are handled on campus.

Senate Bill 967, otherwise known as the “Yes Means Yes” campaign was unanimously passed by the Senate and currently sits on the desk of Governor Jerry Brown, who has given no indication of his stance on the bill.

In an effort to put pressure on universities across the country, SB967 shifts college campuses from using “no means no” as a way to judge whether or not to begin or continue a sexual activity, to “yes means yes”.

The bill states both parties have to have “an affirmative, conscious and voluntary agreement to engage in sexual activity.”

Legislation states consent cannot be given while drunk, asleep or drugged. While nonverbal signs of consent may be given, the bill fails to give a definition of what nonverbal signs or gestures are considered consensual. A lack of resistance cannot be considered a consensual agreement to partake in sexual activities.

Dakotah Riggs, a second year criminal justice major at Sacramento State, said while the benefits of SB967 could help lower sexual assault cases on college campuses, it also has the potential to open up possibilities of faulty accusations.

“It sounds like a good Idea,” Riggs said. “It’s good because yes is a clear answer, but it could easily be abused.”

As far as nonverbal consent, Riggs said those forms of communication will have to be clearer to both parties after the bill is signed into law.

“I never have sat down and said the word ‘yes’ before having sex and neither has the other person,” Riggs said. “Consent was given other ways. Nonverbal ways will have to be even more clear now.”

Riggs is not the only one who sees the potential dangers of false accusations of sexual assault.

Adviser to the National Coalition of Men Gordon Finley wrote in an editorial that SB967 fails to protect the rights of those who may be accused, falsely or otherwise, of sexual assault.

“This is nice for the accusers — both false accusers as well as true accusers — but what about the due process rights of the accused?” Finley wrote.

SB967 applies to all secondary schools that receive state money for student financial aid. The bill will also require colleges and universities adopt “victim-centered” sexual assault policies and implement programs aimed at educating campus populations about how to prevent and report sexual assault.

While Sac State has yet to prepare to implement the bill into practice, steps have been taken to familiarize the campus population with current sexual assault policies.

“It’s a bit early to comment about what Sacramento State will specifically do, as the Governor has not yet signed the bill,” said Kim Nava, spokesperson for Sac State. “However, Title IX and sexual violence on college campuses are receiving a great deal of attention. We want to make sure the campus community knows where to report incidents of sexual and domestic violence, and where to get help.”

Nava said sexual assault awareness campaigns are aimed to start in the beginning weeks of the fall semester and campus wide training events will be announced as classes begin.

Currently, Sac State policies state “Sexual contact requires mutual consent. An incapacitated person (for example, a person who is intoxicated by drugs or alcohol) is incapable of giving consent.”

However, campus policies currently operate under the standard “no means no”, as written in Sac State’s Sexual Violence Prevention and Education Statement which states that “No one deserves to be sexually assaulted, stalked or victimized in any way. Remember “no” means “No!” and “stop” means “Stop!” Don’t mistake submission or silence for consent.”

Brown has until Sept. 30 to sign the bill into action.