There is a bill presently active on the floor of the California State Senate, which if passed into state law, will legally redefine almost all consensual sex as rape. It is California Senate Bill 967.
The full title of the bill is : An act to add Section 67386 to the Education Code, relating to student safety.
It certainly relates to student safety. It makes all sexual activity completely unsafe for male students. If a male student has any sexual contact of any kind with a female colleague, no matter how much both parties to such contact participated of their own choice and volition, the simple fact that a male student has a sexual identity is enough to send him to jail as a rapist.
How does consensual sex come to be defined as rape under the new proposed State law?
Section 1.a.1 of the senate bill’s text includes the following phrase:
“Consent must be present throughout sexual activity”
And this consent is explicitly not the nonverbal agreement that almost all sexual activities in the entire history of the human species have been conducted under for the span of recorded time. No sir. Consent, as defined in the language of Senate Bill 967 requires
“An affirmative consent standard in the determination of whether consent was given by a complainant. “Affirmative consent” is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions. It is the responsibility of the person who wants to engage in the sexual activity to ensure that he or she has the consent of the other person to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. For that reason, relying solely on nonverbal communication can lead to misunderstanding.” (and jail)
Anything less is rape, so says the law. Or, so it will say when Senate Bill 967 passes into statute.
This bill, once law, will jail thousands of young men as rapists – and none of them will have committed rape, except as defined by a new legal standard no sane adult would ever agree is anything except normal, non-pathological, non-coercive, and nonviolent consensual sex. But in the language of California Senate Bill 967, that will, under color of law, be rape. If you live in the state of California, then you, or perhaps your son, will be jailed by it. He will be ruined for his lifetime. Rendered a criminal, a sex offender, and a casualty of your inattention and indifference.
If you are a woman in California, particularly, if you are of college age, or a more mature returning student, the implications of this potential law are a little different for you.
We will set aside, for the present, any considerations of compassion or concern you might have for male friends, colleagues or relations.
The model of consent defined by this bill, and the ideologues who pushed for its drafting is one which starts from an assumption about you. That assumption will, with this bill’s passage become reality, as defined by law.
You are an object, not a person. That is not to suggest you are not possessed of a mind, or that you lack the capacity for intention, simply that under the model of consent posited by SB-967, you are a houseplant. If you are a woman, you probably have a vagina, maybe boobs, too. It’s likely you also have a mind, eyes, ears, vocal cords and even legs which can, under direction of your mind, convey you between the bathroom and the bedroom, among other places. Okay, maybe you’re not a houseplant. You’re a sea-sponge. Immobile, passive, voiceless, lacking volition and agency. Sure, sure, you’ve still got a vagina, an anus, a mouth, eyes, legs, ears, and even a mind. Hell, you might even have some sort of education. You might even have distinguished yourself from other houseplants and sea sponges by pursuing some sort of career. You’re a highly accomplished house-plant, congratulations.
But under California’s Senate bill 967, you’re not a person, you’re a thing. People, as distinct from you, have agency. They have sex. If you’re a woman in California, People, as distinct from you, have sex as active participants. You, on the other hand, are no more than a passive receptacle. You are simply the warm, wet hole that a human being might or might not want to fuck. By “human being,” of course, we mean a person with initiative, agency and volition.
Under California’s new proposed law, the people who might or might not want to fuck you – will be required to repeatedly check in with you during the act.
Do you want me to fuck you?
Yes please.
Do you want me to unbutton your jeans?
Yes, kindly do that, since I lack any capacity to do it myself.
Shall I slide your panties off?
Would you? Thanks, I was hoping somebody might do that, glad you came along!
Is that a yes? If not, I’m going to have to leave, and file a twenty-seven-B-slash-six, damned paperwork!
Yes! Slide my panties off!
Ah excellent!
Now then, shall I press my erect penis against your labia, sliding the shaft against you for a minute or so, but not quite penetrating?
Uh-huh.
Sorry, what?
Mmm-hmmm.
Unfortunately, that’s an ambiguous response. Under state law, only with a clearly enunciated yes can I continue, otherwise, this becomes a violation of the criminal code.
Oh, right, I forgot about that, yes, please, and yes to fucking me, too.
Thank you, unfortunately, under section 4.3.a.iiiv.24 of California’s department of education code, I have to ask at each step, so, if you don’t mind, now, would you like me to….
Sounds like a hot Saturday night, doesn’t it.
But don’t worry, ladies, you’re more than just a sea-sponge. You’re a sea-sponge with a loaded gun. You don’t even have to load it, aim it, or pull the trigger yourself. Which is fortunate, for you, ladies, as sea-sponges lack fingers, eyes and any sense of direction with which to aim a firearm. Other people will load, aim and pull the trigger for you. All you need to do is nothing at all. Which, for you, is convenient, since you are either a passive filter-feeding bottom dweller, or a potted plant which happens to have a vagina.
Plants and sea-sponges are not troubled by anything as abstract as having a moral compass, either.
Aren’t you lucky, ladies, not to be human beings, or in any other sense, people?
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