Sunday, October 12, 2014
Defining consent/lack of consent in rape cases
A number of states and experts are considering changes to the definition of lack of consent/consent in sexual assault cases. A good discussion of this and related issues is at this NYT article. According to the NYT:
"LAST month it was California, this month New York. States across the country are trying to figure out how to address the problem of sexual assault more effectively, and more often than not, they are looking to redefine the scope of sexual misconduct.
California’s new law requires universities receiving state funding to switch from a “no means no” approach to a “yes means yes” standard, requiring partners to make an “affirmative, unambiguous and conscious decision” before having sex, and making clear that silence or a lack of resistance cannot be interpreted as consent."