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| Topic: Affirmative Consent law passes in Cali | |
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that's the thing,, there are many parts to the issue, including respect of self and others as it is, I still don't see what EXACTLY is being legislated/mandated,,, noting a difference between government LEGISLATION and school policy,, and figuring the government is mandating that schools have certain policies,, what are those policies , and how will the school be able to implement them (they certainly cant expect or teach both parties must verbally agree to sex before AND during), so how will that 'consent' policy be explained or implemented amongst the college population? I have to agree with you. Seems easy to mistranslate in the court of law. I find myself worried for the new generation about the possible greater chances of falsely claiming rape. The world of love/relationships/sex has enough "landmines" as it is. Hopefully it doesn't add more. |
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Yep they can't and that's not the point. legislators aren't trying to legislate verbal actions of sex. They are trying to legislate when people can't and thus any sexual act would be deemed as rape. The things the police will consider is: * the totality of the circumstances * the age of the victim * his or her relationship to the defendant (suspect) * any handicap or disability of the victim * any threats of hardship not amounting to duress The things the the university needs to consider * The complainant was asleep or unconscious * The complainant was incapacitated due to the influence of drugs, alcohol, or medication * The complainant was unable to communicate due to a mental or physical condition As for the implementation, that's up to the institutions. What is clear is that things are going to change. I really don't think they will its too difficult to define what is 'consent' in a two person event like sex/making love I don't think this changes that,, I can think immediatel of examples where I was in a few of the above situations and made love but it wasn't rape,,, I have been involvd with someone who was 'threatening' to leave, and we were immediately after CONENTUALLY involve I have been involved with a supervisor(relationship) but it was still consentual I have been laying next to someone I was in a relationship and awakened to intimacy,, and it was consentual I have never been drunk, but many cases where that is concerned involve BOTH parties being drunk,, so I never have understood how they determine RAPE just from the drinking point being, besided possibly the handicap or incapacitation, I don't see where any of the considerations really clear up wheter something was consentual or not and AT THE END OF THE DAY,, we still will only be left with what two people say happened,,,, I say its best not to get ourselves into such iffy situations I certainly don't want to see sexual relations legislated rape is difficult to discern and prosecute, but I really don't think this adds anything that will make it any easier,,, 
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All that's needed to convict a man of rape is a woman claiming she didn't consent of sex and sperm being matched to the accused.
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so they need this law... why? is rape not illegal in califorina already? signed confused. well,possibly,the Politicians have entirely too much time on their hands! |
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I really don't think they will its too difficult to define what is 'consent' in a two person event like sex/making love I don't think this changes that,, I can think immediatel of examples where I was in a few of the above situations and made love but it wasn't rape,,, I have been involvd with someone who was 'threatening' to leave, and we were immediately after CONENTUALLY involve I have been involved with a supervisor(relationship) but it was still consentual I have been laying next to someone I was in a relationship and awakened to intimacy,, and it was consentual I have never been drunk, but many cases where that is concerned involve BOTH parties being drunk,, so I never have understood how they determine RAPE just from the drinking point being, besided possibly the handicap or incapacitation, I don't see where any of the considerations really clear up wheter something was consentual or not and AT THE END OF THE DAY,, we still will only be left with what two people say happened,,,, I say its best not to get ourselves into such iffy situations I certainly don't want to see sexual relations legislated rape is difficult to discern and prosecute, but I really don't think this adds anything that will make it any easier,,, I get what you are saying here, so let me explain some things. Mostly all non private Colleges and Universities survive on the funding from both the State and Federal level. In fact the university of California was funded $142 million or more by the State alone. If UC doesn't comply they loose this funding. This is approximately between a third and a quarter of it's total funds for this fiscal year. That is a big chunk. Any acts that are deemed as "consensual" by both parties wouldn't be considered because it is "consensual". Those aren't iffy situations, nor would they be considered by the court. It becomes an issue if one of the parties involved or a witness decides to tell police, or in the cases when the university is involved an university official. It is at that point that investigations are involved to determine if the act was consensual or not. You are right that it would be hard for the police to just go by inebriation level that's why they also consider other factors like, how long the two knew each other. Was either party passed out. Witnesses accounts prior to the act. where the act happened. Also you are right that this will increase "false" accusations, but it will also increase "true" accusations as well. This way more men and women can come forward and reduce intolerable acts. Don't forget that we of the US consider someone as innocent until proven guilty. The burden of proof is on the accuser. |
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