California Drunk College Girl propositions California Drunk College Guy. Drunk Guy does not say no.
Later, no longer Drunk Girl accuses no longer Drunk Guy of sexual assault.
Such was the case at Occidental College, where both students in an incident were likely too drunk to consent under the standard, and by witness accounts the accuser initiated the sexual activity. But once she filed a claim, the responsibility to prove consent fell on the accused student.
The most excellent experts in California State Government decided that you are incapable of giving consent to sex when drunk due to your temporary handicap. “Beer goggles” might be the legal term for this impairment but I’ve not read the language so that is just an assumption. But the law that makes consent impossible does not afford the same indulgence with regard to awareness of the law itself.
The drunk incapable of giving consent (under the law) due to their diminished capacity retains the capacity (under the law) to refuse sexual advances by another person deemed of equal incapacity (and capacity). Both of them are to know that the law makes neither of them capable of offering consent but then excuses the first to cry rape from this responsibility.
To quote General Akbar, “It’s a Trap!”
New Hampshire Democrat Robert ‘Renny’ Cushing proposed a California Style yes-means-yes law in New Hampshire in the last legislative session. A legislative service request inspired by Moonbeam Jerry Brown and the very law outlined above. A proposal that went even further, requiring all colleges, public and private, to draft and enforce California style sexual consent laws or risk losing any non-profit status.
His law would set a tax trap if colleges refused to set a honey trap.
The proposal didn’t get much traction but the deadline for new legislation is approaching. We could see something similar in 2016.
