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Essay / Affirmative Consent and Its Effects on Sexual Activity
What many states have defined in law as full consent of both parties states that both parties agree and demonstrate enthusiasm and willingness to participate in sex. However, even with such a definition, there are still gray areas that need to be addressed. For example, if consent is given at the beginning and halfway through the act, one party withdraws it without expressing concerns to the other party, then by the redefinition of rape, it is considered as such. California recently passed a bill that defines consent in the state. » An affirmative consent standard to determine whether consent was given by both parties to sexual activity. “Affirmative Consent” means an affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in sexual activity to ensure that they have the affirmative consent of the other(s) to engage in sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be continuous throughout sexual activity and can be revoked at any time. The existence of a romantic relationship between the people involved, or having had previous sexual relations between them, should never be taken as an indicator of consent. » This statement seems open to interpretation and abuse by people. Stating that consent must be “an affirmative, conscious, and voluntary agreement to engage in sexual activity” does not actually describe the means by which consent acceptable under this law can be given. The bill does not provide concrete definitions and, in turn, the definition depends on the judges' beliefs and does not correspond to how the justice system should work. One step...... middle of paper ...... she, Bonnie S., et al. “There is a serious problem with sexual assault on college campuses.” Sexual violence. Ed. Amanda Hiber. Farmington Hills, MI: Greenhaven Press, 2014. Opposing Views. Rep. of “Conclusions and recommendations”. The Campus Sexual Assault Study. Flight. 1. 2007. Opposing Viewpoints in Context. Internet. April 21, 2015. Mantel, Barbara. “Sexual Assault on Campus.” CQ Researcher October 31, 2014: 913-36. Internet. April 21, 2015. Parris, Matthew. “The problem of a broader definition of rape.” Spectator September 6, 2014: 25. Opposing views in context. Internet. April 21, 2015.Soave, Robby. "Student Accused of Rape by 'Mattress Girl' Sues Columbia U., Publishe…." Reason.com. Reason.com, April 24, 2015. Web. April 30, 2015. Will, George. “George Will: Colleges Become Victims of Progressivism.” » Washington Post. The Washington Post, June 6, 2014. Web. April 21. 2015.