College Sex Modules: Univesity of Main Adopts The Nutzoid ‘Yes Means Yes’ Policy
Once upon a time college was fun and rebellious. Then it became about compliance, approval and crime… The University of Maine has adopted the ‘yes means yes’ consent policy:
Consent is agreement to engage in sexual contact. Consent must be informed, freely and actively given, and consist of a mutually agreeable and understandable exchange of words or actions. Consent is clear, knowing and voluntary. Consent is active, not passive. Consent may be withdrawn at any time.
Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and conditions of) sexual activity. Past consent does not imply future consent. Consent to engage in one form of sexual activity does not imply consent to engage
in any other sexual activity.
Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with any other person.
Any consent that is given is invalid or moot It is not consent when the exchange involves unwanted physical force, coercion, intimidation, and/or threats. If an individual is mentally or physically
incapacitated or impaired such that one cannot understand the fact, nature or extent of the sexual 7 situation, and the incapacitation or impairment is known or should be known to a reasonable person, there is no consent. This includes conditions resulting from alcohol or drug consumption, or being asleep or unconscious. Consent is not valid if the person is too young to consent to sexual activity under Maine law.
The law has even ran afoul of some feminist lawyers, including Robin Steinberg, who told the New Republic’s Judith Shulevitz that, with these laws in place, she would “never” send her boys to college.
Shulevitz also spoke with Harvard Law School professor Janet Halley, who teaches feminist legal theory. Halley said the notion that universities play investigator, prosecutor, judge, jury and executioner is “fundamentally not due process.”
These laws are spreading quickly across the country, based mostly off of the myth that one in five women will be sexually assaulted while in college.
How does an accused person prove they obtained consent? That’s unclear. The only obvious way to prove one’s innocence in these situations (filming the encounter) is prohibited by the policy.