According to California Senate Bill 967, ‘affirmative consent' means affirmative, conscious, and voluntary agreement to engage in sexual activity.
California's Affirmative Consent Standard
Additional information from California SB 967:
- It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other or others to engage in the sexual activity.
- Lack of protest or resistance does not mean consent, nor does silence mean consent.
- Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.
- 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.
- An individual is unable to consent to sexual activity under certain conditions. For example, someone who is asleep; unconscious; incapacitated due to the influence of drugs, alcohol, or medication; or unable to communicate due to a mental or physical condition cannot consent to participate in any sexual activity.
- It is not a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity.
"Yes Means Yes" is the Law in California
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