The California Senate passed a bill that will require colleges receiving state funds to create an “affirmative consent” policy that will require "affirmative and unambiguous" throughout the entire sexual encounter.
I can see this law, should it pass in the California Assembly and be signed by Governor Brown, opening a legal and sexual can of worms. How can anybody prove that consent was sought before every sexual action was performed? I offered a solution in the comments of the linked article.
I suppose the answer to this should the legislation pass and be signed by the governor is to give the students in question the power to record every sexual encounter to 'prove' one way or the other whether there was continuous consent. It should be in high definition and 5.1 Surround, just to make sure the cameras and microphones don't miss anything. It should then be posted to the web for review by peers, administrators, and the general public to ensure such continual consent was indeed given.While my comment was sarcastic, it was meant to show the absolute lunacy of the legislation.
Perhaps the legislation should be amended to mandate such recordings, all in the interest of reducing sexual assault claims, of course.
I would be more than willing to act as a review coordinator to ensure all such recordings are of high quality and that they meet the requirements of the law.
To paraphrase Glenn Reynolds, “They said if I voted for Mitt Romney the government would intrude into the privacy of our bedrooms, and they were right!”