Saying yes to affirmative consent

Over the weekend, Governor Jerry Brown of California signed into law “Yes Means Yes." The law redefines consent in sexual activities as being given with an explicit “yes” that can be revoked at any time. It has received national attention in light of the Department of Education’s investigation of 55 colleges and universities for failing Title IX requirements this past spring. Amidst the growing national discussion of sexual assault on college campuses, highlighted by the Obama administration’s new “It’s On Us” campaign to tackle the problem, the new “Yes Means Yes” law is an important experiment that could help protect students throughout the state and, eventually, the rest of the country.

Under the new law,  universities in California will have to change their policies to align with "Yes Means Yes" in order to receive state funding for student financial aid. The law was introduced by Senator Kevin de Leon, a Democrat from Los Angeles, and it requires that consent must be given explicitly, a concept also known as “affirmative consent." According to the law, even if the other person does not explicitly say "no," consent still has not yet been given until "yes" has been said-- a significant expansion on the standard “No Means No” policy.

Updating sexual assault laws not only changes policy, but it also provides a more expansive definition of consent. In the past, “No Means No” explained what not to do in terms of consent. Affirmative consent offers a guide to what is appropriate and positive -- “affirmative, conscious, and voluntary agreement to engage in sexual activity” as described in the law’s text. In addition, the passage of this law demonstrates California's prioritization of consent and could pioneer the continued institutionalization of consent practices and standards across the country.

The “Yes Means Yes” law could do a lot to encourage culture of consent on college and university campuses, but it should be watched closely. It may turn out to be a huge improvement on current sexual assault laws, or, as some opponents say, make sexual assault cases even more difficult to handle. Massachusetts, with a similarly collegiate demography, could be the next state to follow California in creating laws to crack down on sexual assault.

When it comes down to it, however, consent is only effective insofar as it is practiced by individuals. Regardless of laws and policies on a national, state or university level, consent defined as saying "yes" is a concept that must be internalized. "Yes Means Yes" is an important step in that direction, but it's on us to carry it out.