By Spencer Glassman ’19, Staff Writer

As of January 1, 2015, there is a new law that has taken effect in the state of California. The law is called Yes Means Yes, and is intended to cut down the number of sexual assaults, especially on college campuses. The law was approved by California Governor Jerry Brown (D) on September 28th, 2014. Sexual assault is predominantly a feminist talking point, and this law was largely popular among the liberal and feminist communities in California. Many legal experts including Mike Vilensky and Lis Wiehl criticize the law saying, “It puts the burden on the defendant, while the U.S system is supposed to put the burden of the prosecution.” The law states that when a student at a state funded university is accused of sexual assault or rape, he or she must prove that at every stage of sex, the woman – or man – consented. The defendant can prove that his or her sexual partner either verbally said yes or implied it in some sense. The sense and the flexibility of the implication is up for the jurors to decide.

After hearing the basic concepts of the law, Middle School President and Editor-In-Chief of the Middle School Minuteman Newspaper, David You ‘19, exclaimed, “It just doesn’t make any sense! I mean, I thought our system made the prosecution prove it.” President You shares his views with many others who do not understand how the law came into effect. The law creates such a loose definition of rape that it could ruin the lives of tens or even hundreds or thousands of males and females in California.

We have seen many times in recent events when men were accused of rape and accused wrongly. Tawana Brawley accused multiple men of raping her, and was supported by MSNBC host Al Sharpton, just because she didn’t want her mother to be mad at her for not coming home. The media jumped on the case bashing the men, like we see in so many other situations, and could have ruined the men’s lives, until by overwhelming lack of evidence they were proven not guilty. In the California law, there is a big possibility that men like them could be convicted without reason. The Nation contributor Katha Pollitt has a different view of the law. She writes, “On paper the new California law mandating an affirmative consent standard for sex between students in the State University system in a feminist dream come true.” In this argument, she proves nothing good about the law. She assumes that everyone agrees that feminism is good, and that if feminists support it, then everyone should support it.

The law is dangerous and violates the constitutional rights of many. I predict the law will eventually go to the Supreme Court and be repealed. The law leads to discussion about a broader feminist talking point, that of rape culture. A past Minuteman article critiqued Robin Thicke, like the rest of the media, for singing “I know you want it,” in his song “Blurred Lines.” When I listened to the song “Bang Bang,” I heard the same line sung by a woman, but to my surprise, no uproar about her promoting rape. My keen senses spotted a double standard, one that drives the politics of the people who support this law.

This article reflects the opinion of one staff writer, not The Minuteman as a whole. To share your opinion, comment below! Additionally, be sure to check out an opposing viewpoint from middle school staff writer Simon Gorbaty: http://wp.me/p2ZdP1-4MH