Posted: 4:48 pm Thursday, June 5th, 2014

College sex may require formal consent 

By George Mathis

Students may need to brush up on the law before the pivotal third date. (Getty Images)

Students may need to brush up on the law before the pivotal third date. (Getty Images)

College is the place where, for the first time, a lot of people start making their own rules.

Fortunately for those planning to have sex in college, lawmakers are willing to help out with some new guidelines.

A proposal in California would require state colleges to establish an “affirmative consent” standard for students wishing to get physical.

In English, that means students need to get formal written or verbal permission from their sex partner prior to sex.

Maybe universities will provide a handy form that can be folded and kept in a wallet or purse. Or maybe nowadays it should be stored in “the Cloud” somewhere. Keeping some things in your wallet tends to ruin them.

The law is quite detailed, and puts the onus of consent on the “initiator” of sex, which is usually the woman, in my experience.

Consent would need to be obtained prior to each sexual event, according to my reading of the law, which states “the existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.”

Hmmmm … sorta takes away the spontaneity of what tends to be a spontaneous joy, but I can understand the lawmakers’ thinking. Campus sexual assaults have spiked and the federal government alleges at least 55 campuses (including Emory) have poorly handled sexual assault and harassment complaints.

Is a new law the answer? Establishing new “campus policy” doesn’t seem to have same deterrent effect as a lengthy sexual assault prison sentence, but I guess anything helps.

Now what should that form look like? Maybe just an app that registers the time, date and fingerprints of the sexually interested parties?

Excuse me while I go visit the patent office.

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41 comments
GREYGHOST
GREYGHOST

" In English, that means students need to get formal written or verbal permission from their sex partner prior to sex."

 Concealed Carry ---------------- The only solution. ----------- Clothing ---- LOL

rayann
rayann

The law is quite detailed, and puts the onus of consent on the “initiator” of sex, which is usually the woman, in my experience.


really? is an opportunity to portray yourself as irresistible to women your actual motivation to write this article, or do you genuinely concern yourself with the importance of consensual sex?

TheOldGuy
TheOldGuy

Looks like they are going to have to install more copier machines in the dorms. And think of the frustration if the machine is out of paper because the last user didn't refill the tray. And what if the pen doesn't work, or neither party can remember the date or has on a watch to check the time. I see a lot of problems here.


And will the evidence really stand up in court (if you know what I mean). This is so sad.

Quandry
Quandry

Questions


Is there a tap-out clause?


If at the beginning or during the event the consenter changes her mind would she simply say, “Stop, I resend my consent” and that’s it?


How would this be enforced?


Would the parents have access to the consent forms?


Could this information be sold to a marketer, law enforcement or trial attorney (say the women is raped – could the defendant use this information (the number of consent forms for many different people)  to proof his accuser is a “free spirit?”


Just asking??????

tarheel490
tarheel490

Read the bill, it doesn't say anything about written consent.  Nothing.  

WiseSeeker
WiseSeeker

Government out of my bedroom, please.

LogicalDude
LogicalDude

things getting hot and heavy, clothes come off. . . 


Said in heaving breath: "You want it?"

Usual response: "Oh yes! yes! yes!"


But if the response is "no", then action must remain at that level and go no further. 


or

things getting hot and heavy, clothes come off. . . 


Said in frustrated voice: "I want to go to the next step, can you sign this. . crap, where'd it go? oh here it is. . document of consent?" 

Response: "Well, that killed the moment." 



thekimmer
thekimmer

This law is intended to be a hanging rope.  It is absurd to think that young people in the throes of passion are going to get formal permission to do it.  However when one of these young people claims they were forced upon it will no longer be a he said she said thing.  You don't have evidence that formal permission was granted?  Goodbye.

Scamwatcher
Scamwatcher

I read where a group,of fathers have made their own rules and justice when their daughters are subjected to sexual harassment or rape. The scumbag offender is worked over with fists and batons in the face and "lower anatomy". Sounds like the correct punishment for the punk scummers to me.

Quackmeyer
Quackmeyer

MoFaux......You may need a little more time in that sex ed. class.LOL   See how wiping out that contract prior to wiping out lil Junior works out for you.

DontTread
DontTread

Well, seeing as how that can't even keep prisoners from unsupervised hookups, somehow I don't think this will be even remotely enforceable.


Seeing as how the People's Republik of Kalifornia is the liberal mecca for anonymous-partner orgies, what would that form look like?

EvanL
EvanL

Wow, that Chappelle's Show Love Contract skit finally came true!!!  


Crankshaft
Crankshaft

If this reduces the number of rapes by Georgia Tech fraternity members I'm all for it.

EdUktr
EdUktr

If it reduces the population of liberals I'm all for it. Not all of them, after all, are homosexual. 

leefrommeeks
leefrommeeks

You just can't fix stupid or California even with duck tape...no wonder northern part of California wants to be its own state! Maybe Atlanta could be its own state and leave the rest of us alone...... 

iseestupidpeople
iseestupidpeople

So once consent is given how do you prove it wasn't withdrawn during the act ? Is there addendum which requires a signature at the time of reconsideration ?

Oh man ! What about a medical emergency ? Leg cramps can kill the mood. Medical waiver ?

Knock at the door clause ?

A below standards exemption ? Unlike the writer I am afraid the consent form could be taken as a contract for which I could be sued if I fail to properly complete the agreed upon action to the parties approval.

Oh liberals ! You will never understand

iseestupidpeople
iseestupidpeople

I think this is just an attempt for Mr. Mathis to brag about his prowess,

' in his experience, women have been the initiator of the sex'

Yeah right.

Seriously though, all you libs keep telling the cons they are crazy for not trusting the government if you wish. The thought is being proven more and more each day.

News flash, Rape isn't legal anywhere in this country- including California. There is already a law against it which by definition requires consent.

likeitis
likeitis

Sorry....NO MORE QUICKIES...

Bronte
Bronte

under this new law, can you get permission during the act, or will advance permission be required, signed by a notary and documented by an attorney?

LegolasMirkwood
LegolasMirkwood

Did you know there's already a popular app for confessional?  I can just see it now, "Dear Lord, forgive me for I am about to sin."  Now admissible in a court of law for your protection.


How specific would the act need to be laid out, you know, "I agree to this and this, but not that or the other."  What if you change your mind once you see the goods aren't 'as advertised'?  Is there going to be an escape clause like a "safe word" - maybe STOP.  Should it all be recorded, you know, for the record?  I think that might be the only truly safe way to handle such things to prevent misunderstandings in the eyes of the law.


OH, and will there be special exceptions for the furry crowd, because, identification could get a little hairy, and don't even get me started on the SnM crowd.  Grinning like Clinton, "Could you define sex?"

Quackmeyer
Quackmeyer

Consider the source, it is California.  That law is not going to get any traction in America.

DewieCheatem_n_Howe
DewieCheatem_n_Howe

Are all of the bases covered or is this only for home runs? Do the forms have to be filed somewhere? Can I volunteer to keep up the database?

k483
k483

The further we drift from moral absolutes, the more ridiculous becomes the legal substitute.  


EdUktr
EdUktr

Just trying out your column to see if my below comment would be declared "in violation of the visitor agreement" ... as it was (No Kidding!) over on the Get Schooled blog.


So what's this you say about liberal madness on college campuses?

HANK55
HANK55

THIS IS STUPID. WHY NOT PRINT THE AGREEMENT ON THE CONDOM AND HAVE IT SIGNED BEFORE PENETRATION? THE INK WOULD RUN...

Geraldinian
Geraldinian

@leefrommeeks What's that? Sorry, I couldn't hear you because I was too busy working in Atlanta and making the money that pays for your roads and schools. 

MoFaux
MoFaux

@Quackmeyer Exactly, just like medical marijuana never gained any traction huh?

someonesdad
someonesdad

@k483 Did you make this up, or is this an older quote?  I can't find it.  It's good.

HCCynic
HCCynic

Not if you use a Sharpie Brand

I just reviewed their website and they sell a variety of colors and styles including mini, standard,  super, jumbo, and chisel points.

I did not notice if they offer a jumbo chisel point

HCCynic
HCCynic

Is the Commissioner's advanced written permission required for stepping out onto the field of play?

Or,

Is it simply required prior to slipping into the batter's box?