In 2014, California required colleges to base sexual assault policies on proof that “ongoing”
consent was obtained during a sexual encounter. An increasing number of colleges have adopted
such “Yes Means Yes” policies. Some say these affirmative consent policies make it easier to
determine whether consent was truly given; however, critics argue that they unfairly shift the
burden of proof. Formerly, the victim had the burden of proving that consent was not given.
Affirmative consent policies require the accused to prove that consent was given, which violates
the principle that a defendant is innocent until proven guilty.
A wrestler invited a female who was a student at the same university to a house party. Both got
drunk. They then found a bedroom and had sex. The wrestler claimed the woman was an active
participant and gave no indication she did not consent. The woman, however, said that she
believed her second drink had been drugged and that she did not consent to sex. She did not
report the incident until several days later, so no blood samples or rape kit were collected.
Let’s review a few concepts before you make a decision about this scene.
If a rape occurred, what factor would be most important in determining whether the crime would
be classified as a class A felony?
how quickly the complaint was filed after the incident
how much force was used
whether the rape was performed in public
whether the victim offered physical resistance
