A sexual assault is the non-consensual sexual contact or touching of another. The act is done with violence or force. Unlike sexual battery, having actual non-consensual intercourse isn’t part of the crime. On California college campus, determining whether a sexual assault occurred depends on the affirmative consent standard.
The affirmative consent standard is the conscious and voluntary agreement between two or more individuals to engage in sexual activity. Basically the term “yes means yes” defines consent. This means the following doesn’t provide affirmative consent:
No. A person can provide non-verbal consent to convey disinterest in engaging in sexual activity.
Affirmative consent doesn’t exist when the sexual partner reasonably should have known or actually knew the individual was:
Yes, the law requires parties to renew the consent each time the sexual activity escalates. The law also makes it explicit that affirmative consent can be revoked at any time during sexual activity.
The law places the burden on the party claiming not to give consent. However, the other party must prove that consent occurred too. The burden of proof may shift from one party to another until administrators determine if a sexual assault occurred.
It’s vital to talk to an attorney about whether a sexual assault took place and your rights.
Last Modified: 10-10-2016 08:49 PM PDTLaw Library Disclaimer
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