Abstract

In a vigorous new trend supported by many feminists, affirmative consent requirements are appearing in campus sexual conduct codes and in a parallel campaign for reform of state-based criminal law. As of this writing, California and New York have passed legislation requiring colleges and universities to adopt an affirmative consent standard in their sexual assault policies.[1] A number of state legislators in other states have proposed bills with similar language.[2] Additionally, many public and private colleges and universities around the country have adopted an affirmative consent standard in their sexual assault policies.[3] And adding an affirmative consent requirement to the Model Penal Code is currently hotly debated within the American Law Institute, a body that generates model laws that are highly influential with state legislators. These provisions pivot on consent and are often praised for the improved sexual culture they will produce among those who comply, the increased leverage they will give women in sexual encounters ranging from unwanted solicitations to rape, and the social incentives they will generate for men to make sure women have provided consent before they initiate or continue sexual contact.