New York Assembly Bill 6632 (USA)

New York State is considering an “affirmative consent” bill, which would require state colleges in New York State to review sexual assault allegations using the “yes means yes” definition of consent, which requires partners to affirmatively and continuously consent throughout a sexual act. At least one feminist lawyer believes this standard is actually harmful to Women. The full definition follows:

"AFFIRMATIVE  CONSENT
   42  IS  A  CLEAR,  UNAMBIGUOUS,  KNOWING,  INFORMED, AND VOLUNTARY AGREEMENT
   43  BETWEEN ALL PARTICIPANTS TO ENGAGE  IN  SEXUAL  ACTIVITY.    CONSENT  IS
   44  ACTIVE, NOT PASSIVE. SILENCE OR LACK OF RESISTANCE CANNOT BE INTERPRETED
   45  AS CONSENT. SEEKING AND HAVING CONSENT ACCEPTED IS THE RESPONSIBILITY OF
   46  THE  PERSON(S) INITIATING EACH SPECIFIC SEXUAL ACT REGARDLESS OF WHETHER
   47  THE PERSON INITIATING THE ACT IS UNDER THE  INFLUENCE  OF  DRUGS  AND/OR
   48  ALCOHOL.  CONSENT  TO ANY SEXUAL ACT OR PRIOR CONSENSUAL SEXUAL ACTIVITY
   49  BETWEEN OR WITH ANY PARTY DOES NOT CONSTITUTE CONSENT TO ANY OTHER SEXU-
   50  AL ACT. THE DEFINITION OF CONSENT DOES NOT VARY  BASED  UPON  A  PARTIC-
   51  IPANT'S  SEX,  SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION.
   52  CONSENT MAY BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME.  WHEN  CONSENT
   53  IS  WITHDRAWN  OR  CANNOT  BE  GIVEN, SEXUAL ACTIVITY MUST STOP. CONSENT
   54  CANNOT BE GIVEN WHEN A PERSON IS  INCAPACITATED.  INCAPACITATION  OCCURS
   55  WHEN  AN  INDIVIDUAL  LACKS THE ABILITY TO FULLY AND KNOWINGLY CHOOSE TO
   56  PARTICIPATE IN SEXUAL ACTIVITY. INCAPACITATION INCLUDES  IMPAIRMENT  DUE  
    1  TO  DRUGS OR ALCOHOL (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY), THE
    2  LACK OF CONSCIOUSNESS OR BEING ASLEEP, BEING  INVOLUNTARILY  RESTRAINED,
    3  IF  ANY  OF  THE  PARTIES  ARE  UNDER THE AGE OF 17, OR IF AN INDIVIDUAL
    4  OTHERWISE  CANNOT CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT
    5  OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM."