Arizona just became the latest state to propose a “yes means yes” law to combat sexual assault at its colleges and universities.
State Rep. Juan Mendez, D-Tempe, proposed the bill. Like California’s first-in-the-nation “yes means yes” law, it narrows the definition of consent so much that nearly all sex until now understood as consensual would be potentially illegal.
Like California’s law, Mendez’ would require all colleges and universities to “define consent to sexual activity as informed and freely given words or actions that indicate a willingness to participate in mutually agreed on sexual activity.” The law would discount “silence” or “lack of resistance” as consent.
The biggest problem with these laws is that, while they change the definition of consent, they don’t provide any due process rights for accused students. Even worse, since the current climate surrounding discussions of campus sexual assault have shifted the burden of proof onto the accused, there is no way for them to prove their accuser consented outside of videotaping or signed documents.
Because these bills ignore due process, nearly every incident becomes a “he said/she said,” consensual or not. Because neither side can adequately prove what happened — and campus courts are ill-equipped to disseminate the information — these bills will result in a lot of unnecessarily ruined lives. And that goes for accused and accusers alike.
