Sen. Kevin de Leon, D-Los Angeles, said his bill would begin a paradigm shift in how California campuses prevent and investigate sexual assault. Rather than using the refrain "no means no," the definition of consent under the bill requires "an affirmative, conscious and voluntary agreement to engage in sexual activity." Earlier versions of the bill had similar language.

"With this measure, we will lead the nation in bringing standards and protocols across the board so we can create an environment that's healthy, that's conducive for all students, not just for women, but for young men as well too, so young men can develop healthy patterns and boundaries as they age with the opposite sex," de Leon said before the vote.

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California's Mutual Sexual Consent Bill For College Students Passes in State Senate

SB 967, “The Affirmative Consent” bill,  mandates couples attending California colleges obtain “an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity,” prior to engaging in sexual relations.

Designed To Prevent Sexual Assault

The bill amended by state Sen. Kevin de Leon (D-Los Angeles), was designed to protect students from sexual assault.

In May, the U.S. Department of Education’s Office for Civil Rights released a list of 55 schools that face federal investigations into their handling of sexual assault cases.

When Does No Mean Yes?

“Obviously, there is a problem,” de Leon said, “SB 967 will change the equation so the system is not stacked against survivors by establishing an affirmative consent policy to make it clear that only ‘yes’ means ‘yes.’”

Mutually Agreed Boundaries Set Prior To Sex

The bill defines ‘Affirmative consent’ to be a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions. . . The existence of a dating relationship between the persons involved, or the fact of a past sexual relationship, shall not provide the basis for an assumption of consent.

What are the guidelines?

Henry Mu, a 24-year-old biology major feels that their hearts are in the right place but questions the implementation of the bill, “Are there guidelines? Are we supposed to check every five minutes?”

Responsibility of Sexual Intercourse Passed To Colleges

The bill, co-authored by Assemblywoman Bonnie Lowenthal, D-Long Beach, passed the state Senate 27-9 on May 29 and was moved to the Assembly.

“I strongly believe that we need to change the way we look at sexual assault and how we talk about it,” said Lowenthal. “In the past, there’s been legislation requiring campuses to disclose crimes on campus and establish victims’ rights, but all across the state, whether it’s private colleges or public universities, campuses have been failing to prevent assaults and protect victims, so I believe our students deserve better.”