This is becoming very popular on college campuses. It basically assumes that you're guilty of rape unless you can prove otherwise.
The American Bar Association (ABA) will be voting on a resolution that would urge state legislatures to adopt the controversial “affirmative consent” as the criminal definition of sexual consent at its annual meeting this week. Such a resolution is not merely symbolic, as the ABA sets academic standards for law schools and recommends legislation, prompting concerns from some legal experts.
The resolution reads,
RESOLVED, That the American Bar Association urges legislatures and courts to define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances, and to reject any requirement that sexual assault victims have a legal burden of verbal or physical resistance.
Critics are troubled by the resolution. Samantha Harris of the Foundation for Individual Rights in Education asserts that the resolution virtually assumes all sex is nonconsensual unless consent can be proven. Legally, this would mean the burden of proof would fall on the accused. As observed by the Daily Wire, this is exceptional within the American legal system, as “no other crime requires the defense to prove a negative.”
https://www.thenewamerican.com/cult...lution-that-virtually-defines-all-sex-as-rape
The American Bar Association (ABA) will be voting on a resolution that would urge state legislatures to adopt the controversial “affirmative consent” as the criminal definition of sexual consent at its annual meeting this week. Such a resolution is not merely symbolic, as the ABA sets academic standards for law schools and recommends legislation, prompting concerns from some legal experts.
The resolution reads,
RESOLVED, That the American Bar Association urges legislatures and courts to define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances, and to reject any requirement that sexual assault victims have a legal burden of verbal or physical resistance.
Critics are troubled by the resolution. Samantha Harris of the Foundation for Individual Rights in Education asserts that the resolution virtually assumes all sex is nonconsensual unless consent can be proven. Legally, this would mean the burden of proof would fall on the accused. As observed by the Daily Wire, this is exceptional within the American legal system, as “no other crime requires the defense to prove a negative.”
https://www.thenewamerican.com/cult...lution-that-virtually-defines-all-sex-as-rape
