“Yes Means Yes” – California Law Defines Sexual Consent
March 18, 2025 | Nafiz M. Ahmed
Sexual assault continues to be a big problem on the nation’s university and college campuses. California schools have been no exception. The issue of consent is at the heart of whether or not the legal line has been crossed. Many campus policies and procedures regarding sexual assault have failed to provide students with clear information about what constitutes legal consent to sexual activity.
About 10 years ago, the California legislature stepped in and passed a law aimed at student safety, amending the Education Code to require institutes of higher education to establish an affirmative consent standard to let students know that only “yes means yes” to sexual activity.
Why College Campuses Have a High Incidence of Sexual Assault
For many young men and women, attending college means living away from home for the first time and experiencing freedom from parental supervision. Drugs and alcohol are readily available. It’s all about new experiences. Sex is going to happen. Somewhere in the mix of youth, freedom, alcohol, and fun, the importance of consent to sex gets lost.
Sexual assault is most common among female students. One in five women report experiencing sexual assault in college, but the real numbers are much higher, as only about 20% of college sexual assaults are reported.
California Established the Nation’s First Affirmative Consent Standard for Colleges and Universities
In the old days, it was up to the person who did not want sexual activity to indicate non-consent to the person who was pursuing sexual activity. In other words, it was green light until red light. However, in 2014, SB 967, labeled the “yes means yes” law, shifted the responsibility to the person pursuing sexual activity to get a yes before proceeding (red light until green light).
The law took effect in 2016 and makes the receipt of state funds for student financial assistance contingent on maintaining a sexual assault policy that contains an affirmative consent standard.
Key Principles of Affirmative Consent
The relevant statute defines affirmative consent as an agreement to engage in sexual activity that is:
- Affirmative
- Conscious
- Voluntary
Each person engaging in sexual activity has the responsibility to ensure they have received the appropriate consent. Failing to say no, not resisting the advances, or remaining silent is not affirmative consent.
The law makes clear that affirmative consent is not a one-and-done. What was initially given can be revoked at any time. It will be up to the person pursuing the sexual activity to make sure continued participation remains affirmatively consented to by all other persons involved.
Affirmative consent for present sexual activity cannot be presumed from past sexual relations or even a current dating relationship. Additionally, it will not be a valid defense to a sexual assault charge that the accused believed there was affirmative consent if the belief arose from the intoxication of the accused or the failure of the accused to take reasonable steps to confirm there was affirmative consent.
Where to Get Help if You’re Facing Sexual Assault Charges
Being convicted of sexual assault is a serious matter that can dramatically alter a person’s current and future plans. It can mean jail time, fines, sex offender registration, and damage to social and professional associations. If you are accused of sexual misconduct, you want the best defense available because life, as you know it, is hanging in the balance.
Don’t wait; contact a criminal defense law firm as soon as possible. A Redwood City sex crimes attorney will be able to challenge the prosecution’s arguments and fight for your rights. They can scrutinize the evidence against you, identify weaknesses in the prosecution’s case, and ensure that your side of the story is heard.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500