California: Affirmative Consent Bill Threatens Student Due Process
Cases
Case Overview
On September 28, 2014, California Governor Jerry Brown signed into law SB 967, a bill that requires California鈥檚 university and college students to obtain verifiable 鈥affirmative consent鈥 for sexual activity. Under this bill, students must receive not just explicit consent to sexual activity but ongoing consent鈥攁lthough it is impossible to tell how often students must pause to receive explicit consent in order for their sexual activity to qualify as consensual. The bill also codifies use of the 鈥減reponderance of the evidence鈥 standard of proof, meaning that a student accused of sexual assault will be found guilty if fact-finders determine it is only slightly more likely than not that the accused committed assault.