Michigan’s “Yes Means Yes” legislation

Source: Washington Examiner website, Sep 2015

Michigan lawmakers have decided to introduce a bill … broaden the definition of sexual assault while narrowly or vaguely defining consent.

It labels drunk sex as rape, in some cases even if the woman (men are not absolved from drinking, but women are) had only one drink. In fact, under these laws, the only kind of sex that isn’t rape is question-and-answer-style sex, where each person in the encounter must ask and answer constant questions about consent. “May I touch you here?” “Yes, may I touch you here?” and so forth. Of course, an accuser never has to prove that she also asked such questions, or that the questions weren’t asked, or that consent wasn’t given.

No, the burden of proof is on the accused student, after the fact. Sometimes he must prove he obtained consent for an encounter weeks, months or years earlier. So in reality, under yes-means-yes policies, the only real consensual encounter is that which includes a question-and-answer-session throughout and is videotaped, because that is the only way to prove such a consent policy was followed.

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