California Affirmative Consent Policy : 'YES MEANS YES!'

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This petition had 187 supporters

The Issue

In 2014 California Governor, Jerry Brown signed Senate Bill 967 (SB 967) titled, Student Safety: Sexual Assault. This bill made California the 1st state to mandate certain standards of care when addressing sexual assault, domestic violence, dating violence and stalking on college campuses receiving state financial aid. More importantly, this bill made California the 1st state to adopt affirmative consent language into a sexual assault policy. 

Affirmative Consent is a willful and positive cooperation in an act that encompasses voluntary action and knowledge of the nature of the act involved. Consent is specific to each individual act; having previously consented to an act does not imply continued consent.

With the success of SB 967 in the last year, we would like to propose that California adopt certain aspects of this bill into state-wide legislation regarding sexual assault cases.

1. Affirmative Consent

     Recognizing that conscious informed positive consent is necessary for intimacy and that not receiving a no does not qualify for consent. Yes Means YES!

2. Trauma informed training for mandated reporters, and those involved with interviewing survivors of sexual assault.

     In order to lessen the trauma and stress when coping with sexual assault there needs to be certain standards when talking with survivors as to make sure more damage is not being caused while a case is underway.    

3. Shifting focus of case to defendants to prove they gained consent rather than survivors to prove there was assault. Preponderance of evidence. 

     The current legislation in places focuses on the survivor to prove that sexual assault happened. This is not a protective method and opens the window to victim blaming. SB 967 uses a method of "preponderance of evidence" which shifts the focuses of a case to the defendant to prove that they gained consent though collection of evidence.

4. Gender inclusive/ relationship inclusive language

     The current legislation language is gender binary and non-inclusive. We must protect trans people under the law as well and recognize individuals with self identified pronouns. Also, the current legislation has aspects where it discussed certain violence between a husband and wife and other heterocentric relationships. In order to actually protect Californian citizens we need to broaden this idea to be inclusive of other partnerships and marriages.  

Signing this petition will get us one step closer to protecting Californians and amend current sexual assault policies to encompass affirmative consent and gender/relationship inclusive language. We cannot prevent assault, but we can protect survivors and grant them safety and the chance for justice.  

The Decision Makers

Former State Senate
2 Members
Former State Senate - California-19
Former State Senate - California-24
Mike McGuire
California State Senate - District 2
Barbara Lee
Former US House of Representatives - California-13

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