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A CALIFORNIA INNOVATION — WHAT NEXT FOR THE MILITARY?

California has passed and sent to the governor a so-called “yes means yes.” law.   It applies to California schools and requires college students to obtain “affirmative consent” before engaging in sexual activity.

Affirmative consent must be ongoing throughout sexual congress.  It can be revoked at any time.  A dating relationship between the parties  — or past sexual relations – will not indicate consent.

Comment:  College students – like military members – frequently drink and engage in sex.   Often, both parties have had far too much to drink.  That’s  what General Order 1 was designed to inhibit, with a ban on liquor in the war zone.   Now comes an interesting issue:  Since the woman has not given sober consent, can  her partner be charged with rape because a sober “yes” is missing ?   Will a future military end up amend Article 120 to a California “yes means yes” posture?


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