海角大神

Gov. Jerry Brown has signed a law making California the first state in nation to legally spell out that 鈥測es means yes鈥� when it comes to sexual consent 鈥� with requirements for colleges to follow when investigating sexual assaults.

The measure 鈥� which goes further than the commonly accepted 鈥渘o means no鈥� 鈥� will apply to all colleges and universities that accept state funding.

The new law outlines procedures聽for giving campus sexual assault victims confidential support and requires comprehensive prevention strategies to address sexual assault, dating violence, domestic violence, and stalking. It also states that consent cannot be given if someone is asleep or incapacitated by drugs or alcohol.

鈥淓very student deserves a learning environment that is safe and healthy,鈥� said the bill鈥檚 author, state Sen. Kevin de Leon, in a statement. 鈥淭he state of California will not allow schools to sweep rape cases under the rug. We鈥檝e shifted the conversation regarding sexual assault to one of prevention, justice, and healing.鈥�

The measure is seen as possibly a pivotal moment that could alter how campuses across America deal with the issue of rape and sexual violence. Critics, however, said that the law overreaches itself and that consent will be difficult to prove in court.聽

The law comes after institutions of higher learning have come in for severe criticism for their handling of sexual violence on campus. Earlier this year, the Education Department announced that it was investigating 55 colleges and institutions for Title IX violations that stem from their handling of sexual assault cases. And this month, the White House launched a high-profile campaign, 鈥淚t鈥檚 On Us,鈥� aimed at changing attitudes on campus. But no state has gone further than California.聽

鈥淭his is amazing,鈥� Savannah Badalich, a student at UCLA and founder of the group 7,000 in Solidarity, told the Los Angeles Times. 鈥淚t鈥檚 going to educate an entire new generation of students on what consent is and what consent is not 鈥� that the absence of a 鈥榥o鈥� is not a 鈥榶es.鈥欌��

One in 5 US women report being raped, according to the Center for Disease Control and Prevention, with 40 percent of those attacks occurring during college.聽

Not everyone is a fan of the new law, however.

The National Coalition For Men said in an editorial on their website that 鈥渢his campus rape crusade bill presumes the guilt of the accused鈥� and will deny the accused due process.

On the other hand, several women鈥檚 advocacy groups say the law doesn鈥檛 go far enough, because it does not fully tackle the issue of underage drinking, which is pervasive on campuses. While alcohol or drug use cannot be used as an excuse under 鈥測es mean yes,鈥� that doesn鈥檛 mean it will prevent sexual crimes from occurring in the first place.聽

鈥淎lthough the 鈥榶es means yes鈥� law was created with good intentions, it will not reduce sexual assault on campus,鈥� says Kathleen Bogle, professor of sociology at La Salle University in Philadelphia and author of 鈥淗ooking Up: Sex, Dating, and Relationships on Campus.鈥�

Removing the culture of binge drinking on campuses would require a wholesale cultural change and far more education of American teenagers before they move into a dorm room freshman year.

鈥淭his idea that bad judgment is why sexual assault occurs is not true,鈥� says Laura Dunn, a campus rape survivor and legal advocate through the group SurvJustice. 鈥淲e need to be asking the question: How should laws be addressing the issue of alcohol, rather than allowing it to be a cause. Whether we like it or not, alcohol is part of college campus. In Europe, kids grow up with wine drinking as part of life in the home. In America, we send them off to school when they are 17-18 and say, 'See ya later, hope you can understand what drinking is all about鈥�' 鈥�

But other experts say that lingering questions regarding substance abuse on campus should not overshadow the purpose of California's new law.

鈥淯nderage drinking is a small part of this puzzle, but it has overshadowed the basic idea that this new law is trying to address that 'yes means yes,' 鈥� says Michelle Dempsey, professor of law and associate dean for faculty research at the Villanova School of Law. 鈥淪o the debate about underage drinking plays into the blurred lines that our society has now allowed to occur.鈥�