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California and New York Passed Affirmative Consent Laws, But Are Students Really Asking?

Tyler Frahme, a University at Albany junior, had never even heard of affirmative consent, the unequivocal O.K. to sex that is mandated by state law.

Tyler Frahme, a University at Albany junior, had never even heard of affirmative consent, the unequivocal O.K. to sex that is mandated by state law. Nor was he in the habit of asking women for permission to proceed at every new juncture of sexual activity.

 

He and his friend Jill Santiago, a fellow junior and psychology major, were catching up in the Campus Center near the close of the school year when I approached their table to ask about the state’s new definition — put in place last winter to guide, govern and presumably protect nearly half a million students across 64 public campuses of the State University of New York, and followed in July by a law that applies to all college students in the state.

 

New York’s new legislation of what constitutes consent covers a lot of ground in sobering terms:

 

“Affirmative consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity.”

 

“Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.”

 

Caroline Cournoyer is GOVERNING's senior web editor.
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