The American Bar Association on Monday avoided a massive violation both of common sense and of constitutional due process rights. Let’s hope its pullback from serious error marks a move toward the revival of cultural norms, rather than legal strictures, to govern complicated areas of human interaction.
At issue was a so-called “affirmative consent” resolution. In its earlier iterations, this resolution effectively could have set a standard by which someone could be charged with sexual assault not just if he continued physical overtures after being told “no,” but if he undertook any overtures before specifically requesting permission. Imagine a high school senior being charged with assault for brushing the lips of his prom date without first stopping himself and asking, out loud, “May I kiss you?”
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