California sexual assault legislation passes unanimously on the Senate floor

California Gov. Jerry Brown signed Senate Bill 967 into effect Sept. 28. The legislation, “Student Safety: Sexual Assault,” is the nation’s first of its kind to state that not only does “no mean no,” but “yes means yes.”

The legislation was written by Sen. Kevin de Leon, D-Los Angeles, and first introduced in February. After a seven-month-long process, the bill was presented to the governor Sept. 4. SB967 is added as Section 67386 to the California Education Code.

“Yes means yes,” which means both parties have to agree either through verbal or non-verbal cues, overrides the absence of a no. An affirmative agreement has to be reached in order to engage in sexual activity. The bill acts as a protection to victims who are not only unable to give consent but also unable to definitively say no because of alcohol consumption, unconsciousness or other physical conditions.

The old ruling of “no means no” defined sexual consent as the absence of a “no,” and operated under the policy that if someone did not speak out against an act then it would be OK to proceed.

Under “yes means yes,” individuals taking part in sexual activity must actively consent at each stage, and consent can be revoked at any time.

The new legislation affects higher education institutions by changing the way colleges and universities investigate sexual assault allegations.

Annette Burrhus-Clay, executive director for Texas Associaton Against Sexual Assault, agrees that sexual assault on college campuses needs to be combated.

“We all agree that sexual assault on college campuses (and elsewhere) is a huge problem,” Burrhus-Clay said.

Opponents of the bill are concerned that sexual consent forms are rarely signed prior to a romantic encounter, leaving the burden of proof on the students, usually male, accused of sexual offenses.

Gordon Finley, adviser for the National Coalition For Men, took a strong stance against the bill and even wrote Gov. Brown a letter pleading him to not sign it. Finely opposes the bill, stating it takes away the idea of being innocent unless you are proven guilty. Instead of the “beyond a reasonable doubt” standard, Finley points out the bill uses the standard of “preponderance of the evidence;” essentially, if someone is accused of sexually assaulting another individual, he/she is convicted unless he/she can prove that he/she had consent (i.e. legal document).

“I am unaware of any foolproof way to prove affirmative consent – once a woman accuses you, the man is denied all due process and the evidentiary standard by which he is judged essentially is a coin toss – preponderance of evidence,” Finley said.

Joe Cohn, legislative and policy director for the Foundation for Individual Rights in Education, also has reservations regarding the bill.

“Not everyone has documentation before and after sexual contact,” Cohn said.

Renee Gillespy, manager of violent prevention and community education of the Houston Area Women’s Center, says the bill is a step in the right direction.

“Oppositions come from people afraid and saying we will have women running around accusing men of sexual assault, when that’s not what will happen,” Gillespy said. “This is in protection of victims.”

The University of California System reported 54 sexual offenses in 2012, a 15 percent increase from the previous year. These statistics address the public school system in California, but sexual assaults on college campuses are not unique to that area alone.   Texas public schools have also seen a rise in sexual offenses.

In January, President Obama signed a Presidential Memorandum in response to sexual assault on college campuses. That calls for the creation of a task force to aid in protecting students from sexual assault. In April, the task force released its first report titled “Not Alone.” This title was chosen to let victims know they are not alone in their fight against sexual assault.

The “Not Alone” report states that 1 in 5 women are sexually assaulted while in college and most often by someone the victim knows. Although it happens less often, men are also victims of sexual assault. The report explains that public schools need a plan in place for when a student is sexually assaulted to offer trained advocates to give support to victims, have a sexual misconduct policy set in place, have training for officials within the school and have new investigative protocols.

UH System Chancellor Renu Khator issued an email Oct. 6 in response to the “Not Alone” report. The email informed UH System employees that she had formed a Chancellor’s Sexual Violence Prevention and Education Advisory Committee to “identify and promote System-wide opportunities for education, prevention efforts and community awareness, including student-led initiatives in the area of sexual assault, domestic/dating violence and stalking.”

“As stated in UHS’ Sexual Misconduct policy, any form of sex discrimination, including harassment in the form of sexual assault, domestic and dating violence, or stalking, is anithetical to the standards and ideals of our System, and we will take appropriate action to eliminate these acts from happening, prevent their recurrence and address their effects,” Khator said in her email. “To achieve these goals, I am reminding everyone that we must have absolutely no tolerance for any behavior that encourages or even passively accepts an environment in which such acts occur. Second, I want to be clear in stating that our responsibility is not limited to refraining from such actions ourselves. We are also responsible for reporting such behavior.”

The UH System already has a Sexual Misconduct Policy in place similar to that of SB967. This policy addresses that “consent is active, not passive, and cannot be inferred from the absence of a ‘no.’”

Every campus police department is required to post an annual report consisting of crime statistics from the past three years. UHCL’s report does not include any reported incidences of sexual assault.

“The police department has no record of a sexual assault ever having been reported at UHCL,” said Paul Willingham, chief of UHCL Police Department.

Darlene Biggers, associate vice president of Student Services, encourages any UHCL student victimized or anyone who wants to report an incident to call campus police, Counseling Services, the Dean of Students, and/or the coordinator for Women and LGBT Services.

With the possibility of on-campus housing in the future, Biggers is aware the opportunity for sexual misconduct could rise. In addition to including sexual assault awareness sessions for incoming students, Biggers also hopes for a future alcohol education program.