HERE WE GO: California adopts historic ‘yes means yes’ rule on sexual consent.

De Leon has said the legislation will begin a paradigm shift in how college campuses in California prevent and investigate sexual assaults. Rather than using the refrain “no means no,” the definition of consent under the bill requires “an affirmative, conscious and voluntary agreement to engage in sexual activity.” . . .

The legislation says silence or lack of resistance does not constitute consent. Under the bill, someone who is drunk, drugged, unconscious or asleep cannot grant consent.

Lawmakers say [but does the law say?] consent can be nonverbal, and universities with similar policies have outlined examples as a nod of the head or moving in closer to the person.

This presents a wonderful opportunity for convoluted legal arguments in rape cases. If both parties are drunk, then both are rapists. Or, if the man lies on his back and doesn’t indicate consent, then he can claim that he was raped.