In a landmark piece of legislation, the California Senate yesterday passed an “affirmative consent” bill for colleges throughout the state. The first of its kind, SB 967 explicitly requires schools to adopt a standard of affirmative consent, defined in the bill as:
Affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.