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How can those accused of sexual assault prove consent under 'yes means yes'?
Washington Examiner ^ | December 19, 2014 | Ashe Schow

Posted on 12/19/2014 11:01:37 AM PST by C19fan

This isn’t one of those articles where I ask a question in the headline and provide the answer in the text. Because the truth is, I don’t know how someone accused of sexual assault is supposed to prove they obtained consent under the new “yes means yes” policies.

And it looks like no one else knows either.

I reached out to the lead sponsor of the California affirmative consent law, state Sen. Kevin de Leon, because when I tried asking other sponsors of the bill, they directed me to him. His office provided a lengthy description of the bill that did not actually answer my question. My follow-up thus far has gone unanswered (although they are three hours behind).

Then I tried contacting California Gov. Jerry Brown, who signed the "yes means yes" law. A representative from his office said they would find someone to answer my question. I never heard back.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Culture/Society
KEYWORDS: due; emilyrenda; process; rape; rapehoax; sexual; uva
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Stealing a line from The Instapundit, Kafka's "The Trial" to the Jezebel Feminists is not a warning but a model.
1 posted on 12/19/2014 11:01:37 AM PST by C19fan
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To: C19fan

What? Question of law? Well, we just write and sign this stuff, we don’t figure out what it actually means in real life. If it is really bad, some court will throw it out and you’ll forget that we put this stupid law in place in the first place, and if it is really good, we’ll have the feminists voting for us all the time (not that they’d ever vote for a conservative...)


2 posted on 12/19/2014 11:05:30 AM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: C19fan

I am an old married guy...but this kind of insanity makes me feel sorry for young men today. They are marked targets.


3 posted on 12/19/2014 11:07:33 AM PST by Tulane
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To: C19fan

They don’t have to. The prosecution needs to prove that the “victim” didn’t say yes.


4 posted on 12/19/2014 11:07:59 AM PST by dangus
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To: C19fan

You’d need to have a spotter the whole time.


5 posted on 12/19/2014 11:08:22 AM PST by Rio (Proud resident of the State of Jefferson)
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To: C19fan

Guilty until proven innocent is the new model. Woe to the man who scorns a woman. She can now have him arrested and charged with rape and there’s not a damn thing he can do about it. Feminists have always wanted superiority. And now, with this “yes means yes” law, they have subjugated men and have dominance over them. A pox on Sacramento.


6 posted on 12/19/2014 11:08:43 AM PST by Organic Panic
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To: C19fan

This law is primed to be struck down as void for vagueness.


7 posted on 12/19/2014 11:08:53 AM PST by Sasparilla
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To: C19fan

I can’t help the author try to find the answer to the question of how exactly “yes means yes”, but I can offer this:

Liberal means Stupid

Every time. Every single time. With zero(0) exceptions.


8 posted on 12/19/2014 11:09:06 AM PST by samtheman
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To: kingu

My guess is its so ambiguous no one will ever be convicted. However, they’ll have their reputations ruined and possibly become paupers trying to defend themselves. Essentially, the law is a punishment in itself by the way its enforced. Liberals like it that way. No hard evidence is needed to punish the person theyre upset with....its all about feelings.


9 posted on 12/19/2014 11:09:42 AM PST by 556x45
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To: C19fan

Another take: If you are a white male, you are guilty even if you can come up with evidence short of absolute proof. If you are any other category, there will be a slow careful investigation that looks for any mitigating circumstance and provides allowances for being a member of a protected class.


10 posted on 12/19/2014 11:13:22 AM PST by Truth29
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To: C19fan

Having some trouble finding really accurate stats, but here’s what I’ve been able to find.

Very roughly 10% of all rape accusations result in a conviction. Very roughly 10% are proven to be false, usually by an unshakeable alibi.

So about 80% of all rape accusations are left in legal limbo, with neither the truth or the falsity of the accusation proven.

I would assume the percentage is somewhat higher for date rape, as it is generally assumed in the case of stranger rape that there’s indisputable evidence a crime was actually committed. With date rape even that is questioned.

This new law affects only students. As I understand it, it has no criminal implications at all.


11 posted on 12/19/2014 11:15:30 AM PST by Sherman Logan
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To: C19fan

There’s no way to establish your innocence. It’s designed to make all men a prey to women on a whim.

Even if you videotaped the entire encounter, documenting the consent at every step, all the woman has to do is say you did something without her consent after the tape was off. Men, either get out of California, or stay far away from women, is my advice.


12 posted on 12/19/2014 11:17:08 AM PST by Boogieman
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To: C19fan
Simple - get it in writing beforehand. :-\
13 posted on 12/19/2014 11:18:02 AM PST by ConservingFreedom (A goverrnment strong enough to impose your standards is strong enough to ban them.)
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To: Boogieman

Neo-Victorianism imposed at the end of the barrel of a gun.


14 posted on 12/19/2014 11:18:15 AM PST by C19fan
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To: C19fan

Body cam!


15 posted on 12/19/2014 11:18:37 AM PST by E. Pluribus Unum (Any energy source that requires a subsidy is, by definition, "unsustainable.")
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To: C19fan

If you’re accused, and male, you’re wrong. That’s what the feminazis had in mind when they got these rules passed.


16 posted on 12/19/2014 11:20:10 AM PST by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: ConservingFreedom

Exactly. Nothing like a signed contract. Doesn’t do much for spontaneity, though.


17 posted on 12/19/2014 11:21:48 AM PST by Billthedrill
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To: C19fan

Sign it or I’ll break your arm.


18 posted on 12/19/2014 11:22:08 AM PST by Sacajaweau
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To: Organic Panic
Guilty until proven innocent is the new model.

The Labour Party in New Zealand has promised if it comes back into power it will establish guilty until proven innocent in cases of sexual assault overturning centuries of Common Law tradition and practice.

19 posted on 12/19/2014 11:22:09 AM PST by C19fan
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To: Boogieman

It a women prerogative to chang her mind... even after the fact... now you get to go to prison for that


20 posted on 12/19/2014 11:22:25 AM PST by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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