TIME States

California Passes First-Ever Bill to Define Sexual Consent on College Campuses

Demonstrators protest sexual assault on college campuses at the #YesAllWomen rally in solidarity with those affected by violence in Seattle on May 30, 2014.
Demonstrators protest sexual assault on college campuses at the #YesAllWomen rally in solidarity with those affected by violence in Seattle on May 30, 2014. Alex Garland—Demotix/Corbis

A new definition of sexual consent

Correction: Appended, Sept. 2

The California Senate passed a first-in-the-nation bill Thursday to define what amounts to consensual sexual activity in colleges in the state, a milestone at a time when colleges across the country are under close scrutiny for how they handle campus sexual assault.

The bill will head next to Gov. Jerry Brown’s desk. If enacted, it would make colleges adopt a student conduct policy requiring “affirmative, conscious, and voluntary agreement to engage in sexual activity,” as a condition for state funding. The bill defines consent to sex as the presence of a “yes” rather than the absence of a “no,” a cultural shift that victim’s groups have long advocated. In practice, colleges would be required to use the bill’s definition when they teach students about sexual assault during orientations, and when investigating claims of sexual assault. It would apply any public or private colleges that receive state financial aid funding.

California’s bill comes after more than a year of pressure from the federal government, Congress, and student activists for higher education institutions to do more to prevent the widespread sexual assault occurring on the nation’s campuses. Colleges and universities have been changing their policies for months in response to federal pressure. And after recent changes in the Violence Against Women Act that require colleges to explicitly report their prevention efforts, many colleges will be unveiling new policies and programs this fall where they never existed before.

The so-called “affirmative consent” standard that California’s legislature has introduced in the latest bill is not a new concept. Similar affirmative consent policies already exist at some 800 post-secondary institutions across the country, including the 10 campuses that make up the University of California system. Educators from the University of California collaborated on the bill with its author, State Sen. Kevin de Leon, a Democrat, and the system’s president, Janet Napolitano, has endorsed it. This would be the first time that a state has tried to put such a policy, usually confined to student conduct handbooks, into law.

There is some disagreement in higher education about whether the affirmative consent standard is the best practice. Though many colleges have adopted it, Harvard recently rewrote its sexual assault policy without adopting an affirmative consent standard, to the dismay of women’s advocates. Harvard’s Title IX Officer, Mia Karvonides, said the school rejected such a policy because there is no “standard definition of affirmative consent,” according to the student newspaper The Crimson. Critics of affirmative consent policies often point to an unrealistic set of standards set in 1991 by Antioch University in Ohio, which required verbal consent (excluding “moans”) for “each new level” of sexual activity—a standard that doesn’t reflect the real interactions between human beings during sex.

The California bill stops short of Antioch’s standard.The bill’s language clarifies the definition of consent by stating what it is not. “Lack of protest or resistance does not mean consent, nor does silence mean consent,” it reads. “Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.”

The bill’s language does not require verbal consent, said Claire Conlon, a spokeswoman for de Leon, adding that it would allow for “verbal and non-verbal” consent. Conlon said the intent of the bill was to change the way school administrators approach their definition of sexual assault. Instead of asking: “Did she say no?” We are having them ask, did she consent?,” Conlon said. The bill does not require specific punishments for students found in violation of the policy.

Brett Sokolow, a higher education risk management consultant who supports affirmative consent policies and the bill in California, uses a traffic metaphor to describe the kind of behavior these policies are designed to prevent. “You go forward on a green light. You stop on a red light. But most people tend to run the yellows. They tend to increase their speed rather than slowing down to look both ways. Affirmative consent is telling you to slow down at the yellow light. You’ve been able to fondle, pet, kiss, if you assume those lead you to the next behavior without permission, then you are running a yellow light. You are putting your needs to get through the intersection above the needs for others’ safety.” Sokolow said the affirmative consent policy is preventative—it won’t stop predators, but it will coax some male students towards a healthier norm.

Those who oppose the bill are concerned that such a policy, combined with unavoidably murky sexual encounters, will deny college men due process and unfairly categorize them as rapists, causing potentially unfair suspensions and expulsions or reputational damage. Matthew Kaiser, a lawyer in Washington who represents college men accused of sexual assault, said the policy’s broad language could ensnare young men who acted in good faith. Even though the policy isn’t as explicit as Antioch’s, Kaiser sees a similar effect. “When people are having sex,” he said, they “don’t stop and say “can I do this now? It just sort of happens. If someone is sober and awake and not acting upon the other person, that looks like it would be prohibited under this [bill]. That strikes me as problematic, but its not clearly sexual assault. … When you look at the language of the bill, its not clear what counts as sexual assault and what doesn’t. It doesn’t give the school flexibility to be discerning.”

In addition to putting the schools at risk of losing federal funds, Kaiser said, the policy’s enshrinement in student conduct codes would also put schools at risk of breach of contract from a female student if she felt that the male student wasn’t punished adequately.

The notion of consent as part of a rape definition isn’t as controversial as some critics make it sound. In 2012, the federal government changed its definition of rape for the purposes of compiling statistics from “the carnal knowledge of a female, forcibly and against her will” to “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Though the federal change is less specific than the California bill, the spirit of the changes is the same—changing the definition from one rooted in the woman’s refusal to requiring her active consent.

Administrators in California reached by TIME didn’t see the policy as overly broad. Any policy that attempts to design the ground rules in sex is inherently imperfect, they said, but the policies that don’t define consent are even less clear. (Harvard’s new definition for sexual assault, for example, prohibits “unwelcome” contact—an impossibly subjective and equally vague term). Dianne Klein, a spokeswoman for the University of California system, which has already adopted an affirmative consent policy, said it’s actually “a little less gray” than the previous policy that didn’t explicitly define consent.

“It makes it more clear. Is it crystal clear? Is it infallible? No. But that’s just the nature of sexual activity,” she said. No matter how the policy is written, colleges investigating sexual assault will come up against the same challenging he-said, she-said, confusion that any person investigating sex crimes must contend with. This policy at least gives students more information about the college’s expectations. Klein rejects the idea that the pendulum has swung too far in the other direction with this policy. “Both parties don’t have to sign a contract before they unzip their pants” she said.

The bill is also helpful, administrators said, because it brings publicity to the sexual assault issue, making it easier for them to get students to understand why understanding the definition of consent is so important.

“The more people talk about it, the more women feel empowered to speak up when they are in bad situations,” said Jerry Price, the Dean of Students at Chapman University, a private university in Orange, Calif. “If men are predators, the more this is talked about, the more reluctant they are going to be to try to get away with things. All this fanfare is good for what we are trying to accomplish.”

Correction: The original version of this story incorrectly identified Dianne Klein. She is a spokeswoman for the University of California system.

TIME States

Woman Dies at Burning Man After Being Hit by Bus

This is a DigitalGlobe satellite image "overview" of the Burning Man Festival in Black Rock City Nevada.
This is a DigitalGlobe satellite image "overview" of the Burning Man Festival in Black Rock City Nevada. DigitalGlobe/ScapeWare3d—DigitalGlobe/Getty Images

Some 60,000 people are in the Nevada desert for the festival.

A woman died at Nevada’s Burning Man Festival after she was run over by a bus early Thursday, event organizers said.

According to a statement posted to a website affiliated with the festival, local officials say the woman is believed to have died after falling under a bus carrying festival participants. The woman has not been identified, and the Pershing County Sheriff’s Office is investigating the incident.

“This is a terrible accident,” Burning Man co-founder Marian Goodell said in a statement. “Our thoughts and prayers are with her family, friends and campmates. Black Rock Rangers and Emergency Services Department staff are providing support to those affected.”

Some 60,000 people are converging on the Nevada desert this week for the annual arts and culture festival.

TIME States

Doug Ducey Wins GOP Primary for Arizona Governor

Doug Ducey, Sam Ducey, Joe Ducey
State treasurer and former CEO Doug Ducey, right, hugs his son Sam Ducey, with other son Joe Ducey, left, joining them as they all smile as the candidate arrives to claim victory on winning the Republican primary for Arizona governor in Phoenix on Aug. 26, 2014 Ross D. Franklin—AP

In the quest for right-leaning Republican primary voters, the six candidates quickly staked out hard-line positions on immigration

(PHOENIX) — State Treasurer and former CEO Doug Ducey won the Republican primary for Arizona governor Tuesday, riding to victory with a campaign that focused on his blend of government and business experience in serving as a state official and building an ice cream company into a national brand.

Ducey started Cold Stone Creamery in Arizona and built it into a well-known chain before selling the company in 2007 and getting into politics.

He has been state treasurer for the last four years, serving as the chief steward of Arizona’s finances during a period that included the collapse of the housing market in the state.

The race to replace Republican Gov. Jan Brewer began as a fairly quiet contest focused on health care and jobs before shifting abruptly when thousands of immigrant children began pouring into the country and some settled in Arizona.

In the quest for right-leaning Republican primary voters, the six candidates quickly staked out hard-line positions on immigration and repeatedly attacked the Obama administration for failing to secure the border.

TIME Guns

9-Year-Old Girl Accidentally Shoots, Kills Instructor at Gun Range

The operator says it allows supervised children age eight and up to handle weapons

A nine-year-old girl accidentally shot and killed a shooting range instructor in Arizona, police say.

Charles Vacca, 39, was instructing the girl on how to use an automatic Uzi on Monday when the girl, who was accompanied by her parents, pulled the trigger and then lost control of the weapon, the Mohave County Sheriff’s Office said in a statement Tuesday. Vacca was shot in the head and died of his injuries.

Sam Scarmardo, the operator of the shooting range Last Stop where the accident occurred, said the range allows accompanied children age eight and older to handle weapons.

He said Vacca, a longtime military veteran, had been working at the range for roughly two years. Scarmardo also said the range had not had an accident since it was opened more than a decade ago.

The girl’s parents were recording the tutorial on their cell phones when the incident occurred and handed the footage over to authorities, according to Scarmardo.

TIME Crime

Ferguson Father Wants ‘Day of Silence’ for Michael Brown Funeral

From left: Michael Brown, Sr., Reverend Al Sharpton, and Lesley McSpadden during a news conference outside the Old Courthouse in St. Louis on Aug. 12, 2014.
From left: Michael Brown, Sr., Reverend Al Sharpton, and Lesley McSpadden during a news conference outside the Old Courthouse in St. Louis on Aug. 12, 2014. Jeff Roberson—AP

“Please, please take a day of silence so we can lay our son to rest. Please"

The father of the unarmed Missouri teenager whose shooting death at the hands of police sparked widespread protests called for peace Sunday as he and his family prepared to lay their son to rest Monday.

“Please, please take a day of silence so we can lay our son to rest. Please. That’s all I ask. And thank you,” Michael Brown Sr., the father of Michael Brown, said during a rally Sunday, the St. Louis Post-Dispatch reports.

The event, known as Peace Fest, is an annual festival held in a St. Louis park, but its message held particular resonance this year for a community still reeling from the death of Brown, 18, and its aftermath. Brown was shot by Ferguson police officer Darren Wilson on Aug. 9. Protests and sometimes violent clashes rocked the St. Louis suburb for days following the shooting.

Attention will again turn to Ferguson again on Monday for the funeral. Services are scheduled for 10 a.m., and three White House officials will attend, the Washington Post reports.

TIME 2016 Election

Perry Stops in Washington in Wake of Indictment

Rick Perry
Texas Gov. Rick Perry speaks at the Heritage Foundation in Washington. Manuel Balce Ceneta—AP

Texas Gov. Rick Perry called his Aug. 15 indictment on charges that he abused power an “attack on our system of government” during a speech on immigration at the Heritage Foundation in Washington on Thursday.

Texas Gov. Rick Perry called his Aug. 15 indictment on charges that he abused power an “attack on our system of government” during a speech on immigration at the Heritage Foundation in Washington on Thursday.

Gov.Perry stopped in Washington on his way to New Hampshire less than a week after being indicted by a grand jury in Texas on charges of abuse of power. He said Thursday he was confident in his case and that he aims to “defend our constitution and defend our rule of law in the state of Texas.”

The charges against Perry stem from his veto of $7.5 million worth of funding to the state entity that investigates political corruption, the Travis County Public Integrity Unit, after Travis County’s embattled District Attorney refused to resign in the wake of a drunk driving arrest.

Democrats in Texas have alleged Perry wanted funding cut to the public integrity unit to delay an investigation into mismanagement at the Cancer Prevention and Research Institute of Texas, one of Perry’s signature programs. In an affidavit released by Perry’s lawyers on Thursday, a former criminal investigator at the Travis County Public Integrity Unit said neither Governor Perry nor anyone from his officer were ever a target in the investigation into the Cancer Prevention and Research Institute of Texas.

“Any suggestion that Governor Rick Perry or anyone associated with him was being investigated is untrue; and, based on my investigation, there was absolutely no evidence whatsoever that suggests wrongdoing on the part of any individual other than the individual ultimately indicted by a grand jury,” the affidavit reads.

Perry has come across as calm, and at times cheeky, in the face of the charges. The governor presented a slight smile in his mugshot, released Tuesday. After being booked, Perry went out for ice cream. And now, Perry is hitting the road, with scheduled appearances in states that would be crucial if the governor were to run for President in 2016 as expected, including New Hampshire, Iowa, and South Carolina.

Even during his brief remarks in Washington, Perry seemed to be focused mainly on the idea of one day serving as commander-in-chief: following a brief mention of the case against him in his home state, the Governor focused his attention on the crisis at the border, calling it a threat to national security. Perry said there should be no conversation about immigration reform, “until the border is secure.”

TIME States

Rick Perry Digs in for a Fight

Texas Governor Rick Perry acknowledges the crowd after being finger printed at the Blackwell-Thurman Criminal Justice Center on Aug. 19, 2014 in Austin.
Texas Governor Rick Perry acknowledges the crowd after being finger printed at the Blackwell-Thurman Criminal Justice Center on Aug. 19, 2014 in Austin. Stewart F. House—Getty Images

2016 presidential hopeful pleads not guilty in abuse-of-power case

Rick Perry isn’t going quietly. In fact, he says he’s not going anywhere at all.

The Texas governor pleaded not guilty Wednesday in the abuse-of-power case against him, waiving a formal arraignment that had been scheduled for Friday and signaling again his readiness to fight a prosecution that he has decried as a “farce.” This after Perry, who just days ago was barnstorming Iowa as he weighs a 2016 presidential bid, strode up to the Austin courthouse here on Tuesday to be booked and fingerprinted—and looking every bit the congenial, confident, quintessentially-Texan politician he has played with success for 30 years.

“I’m here today because I believe in the rule of law,” Perry said after having his mugshot taken Tuesday for booking.

“Like a true West Texan, in the face of adversity Rick Perry is doubling down and meeting his critics head on,” Rice University political scientist Mark Jones said. “Unlike most politicians facing indictments, Perry is reaching out to the media as opposed to running away from it.”

That approach led Perry’s lawyers to hold a briefing on Monday at an Austin hotel, unveiling a stellar team of star lawyers, and advising the media well in advance Tuesday that the governor would be turning himself in for the obligatory mugshot. After the booking, like the good Texan that he is, Perry made a point to thank the Travis County sheriff’s deputies who booked him—evoking a contrast with the torrent of abuse an intoxicated Travis County District Attorney Rosemary Lehmberg unleashed on deputies and jail guards when she was booked on a DUI charge in April, 2013.

Perry’s response to a video of Lehmberg’s tirade, which prompted calls for her resignation from both Democrats and Republicans, is at the heart of the indictment against him last week. Prosecutors say he abused his power by threatening to veto funds for the Public Intergrity Unit she heads if she didn’t resign, an assertion that Perry and even some liberals have warned constitutes prosecutorial overreach into policing even the most basic posturing in modern politics. But Lehmberg is also at the center of Perry’s public relations strategy so far.

“If I had to do so, I would veto funding for the public integrity unit again,” Perry told a cheering crowd of supporters Tuesday. “I’m going to fight this injustice with every fiber of my being. And we will prevail.”

For Perry, this is a black hat-white hat YouTube range war, with a vodka-guzzling, out-of-control, drunken Democratic prosecutor on one side and a self-styled champion of the people and the rule of law on the other. Perry’s political action committee, RickPAC, unveiled a new ad Tuesday featuring, of course, the Lehmberg video.

“Governor Perry’s public relations strategy is to present this indictment as one blow, low and foul, in an ongoing fight between a disgraced, partisan, Democratic, district attorney and a Republican governor fighting for common decency, the rule of law, and the sanctity of the Texas Constitution,” said Cal Jillson, a political scientist at Southern Methodist University and longtime observer of Texas politics. “This framing is working pretty well, especially among Republican leaders and activists, but it is at best a short term strategy that will be of no use at all if the case goes to trial.”

Perry’s only hope of remaining a viable presidential candidate for 2016 is to get the charges dismissed before trial, Jillson said. “But if he goes to trial, there will be weeks of testimony from Austin insiders describing in most unappetizing terms precisely how the political sausage was made,” Jillson said. “If that happens, it will make Chris Christie’s ‘Bridgegate’ troubles look like a walk in the park.”

Some Democrats have pressed the argument that Perry’s attempt to dethrone Lehmberg was aimed at derailing an investigation into connections between Perry campaign contributors and the Cancer Prevention and Research Insitute of Texas (CPRIT). But other Democrats see the indictment as baseless, including David Botsford, a prominent Travis County Democrat and a member of Perry’s legal team. He was the first to greet Perry at the podium with a handshake and an embrace Tuesday.

Perry’s legal team is a mix of colorful, political, heavyweight and well-connected lawyers. Botsford is regarded as a top criminal lawyer in Texas, but also someone who knows the inner workings and politics of the Travis County courthouse. Lead lawyer Tony Buzbee, who said the Perry prosecution is an example of “banana republic politics,” is a charismatic Houston plaintiff’s attorney. Also on the team are two star Washington attorneys—Ben Ginsberg, who represented President George W. Bush in the 2000 Florida recount, and Bobby Burchfield who has led the Republican National Committee’s successful legal fight against a key campaign finance law. The goal is likely to get the indictment thrown out as quickly as possible, and to get the case moved out of Travis County, where the judges and the majority of jurors are Democrats

While Perry’s stellar legal team plots the maneuvers ahead, Perry needs to focus on a different jury, political analysts say. “The principal problem for Perry is not so much how the indictment is being viewed by Republican caucus and primary voters in Iowa, New Hampshire, South Carolina and elsewhere, but rather the doubts it is creating about Perry’s political future among major donors as well as political elites whose endorsements Perry needs to be viable, especially in the early caucus and primary states,” Jones said.

“Both the donors and elites are thinking far more about the long game of winning not only the GOP primary, but especially the general election, and are quite likely to view the indictment, regardless of merit, as a significant political liability,” Jones said. “If Perry cannot get the charged dismissed, the indictment will be a dark cloud following any Perry 2016 presidential campaign.”

TIME States

See Governor Rick Perry’s New Mugshot

+ READ ARTICLE

Texas Governor Rick Perry indictment over charges of alleged abuse of power left him required to something not common of a sitting governor: take a mugshot.

Perry turned himself in to have his mugshot taken on Tuesday at the Travis County Courthouse in Austin, Texas.

Perry ardently objects to charges laid out against him by the Travis County District Attorney. He stated on Tuesday that he remained confident because of his belief that “the rule of law would prevail.”

Perry followed up his trip to the courthouse with a trip to an ice cream shop.

TIME 2016 Election

Rick Perry Defiant in Face of Criminal Charges

"We don't settle political differences with indictments"

+ READ ARTICLE

Texas Gov. Rick Perry on Saturday dismissed the criminal charges leveled against him as partisan political gamesmanship, and vowed to stand by his decision in 2013 to veto funding for a public integrity unit.

“We don’t settle political differences with indictments,” said Perry, referring to the grand jury’s Friday indictment against him. “‘It is outrageous that some would use partisan political theatrics to tear away the fabric of our constitution.”

The indictment is a response to Perry’s 2013 veto of $7.5 million in funding to state’s public integrity unit, based in the Travis County district attorney’s office. District Attorney Rosemary Lehmberg, who ran the unit, was arrested on charges of driving while intoxicated in 2012. Perry vetoed her office’s funding after she refused to step aside.

At the time that Perry vetoed the funding, the unit was investigating one of Perry’s signature achievements, the Cancer Prevention and Research Institute of Texas, for alleged mismanagement.

The grand jury indicted include abuse of official capacity, which carries a penalty of five to 99 years in prison, and coercion of a public servant, which carries a penalty of two to 10 years.

Perry said Saturday that as governor, he is constitutionally within his rights to veto funding for any office. “I exercise the authority to veto funding for an office whose leadership has lost the public’s confidence by acting inappropriately and unethically,” said Perry. “I intend to fight against those that that would erode our state constitution and laws purely for political purposes.”

Perry added that he will continue to focus on his governorship and focus particularly closely on border security.

Governor Bobby Jindal of Louisiana and Senator Ted Cruz of Texas, both likely contenders against Perry for the 2016 GOP presidential nomination, have voiced their support for the governor.

Special Prosecutor Michael McCrum, a noted San Antonio criminal defense attorney who led the indictment against Perry, told reporters he will be working with the governor’s attorney to set up a time for Perry to be arraigned and booked. “I feel confident with the charges that have been filed,” he said.

TIME Fast Food

Fast-Food Franchise Holders in California Score a Major Legal Win

A McDonald's restaurant sign is seen at a McDonald's restaurant in Del Mar, California
A McDonald's restaurant sign in Del Mar, Calif., on April 16, 2013 Mike Blake/Reuters

Supporters of the SB 610 bill say employees as well as franchisees will benefit

Major fast-food companies — ranging from McDonald’s to 7-Eleven — will find it harder to terminate agreements with their franchise holders after the California state legislature passed the SB 610 bill granting franchisees additional rights.

The proposed law pits industry bodies like the International Franchise Association (IFA) and the California Chamber of Commerce against small businesses as well as labor unions like the Service Employees International Union (SEIU).

The SEIU argues that the bill’s passage will pave the way for increased wages and benefits for employees, as franchisees no longer have to worry about the threat of contract termination for introducing such benefits.

“Corporate headquarters control nearly every aspect of our business — we can be punished for speaking out or joining with other franchise owners to improve business conditions, and the franchises can even be shut down for arbitrary reasons — as mine was,” said McDonald’s franchisee Kathryn Carter to SEIU California.

Opponents, however, say the bill will negatively affect quality control and consistency — and reiterated their concerns following the assembly’s 41 to 27 yes vote.

In a statement obtained by MSNBC, IFA president and CEO Steve Caldeira criticized language used in the bill: “SB 610, particularly the termination language, is more vague and obscure in its definition than any other state franchise law.”

He added: “This bill without question will undermine franchise growth in California, lead to frivolous, unnecessary and costly litigation, reduced product quality, harm brand integrity.”

The bill’s next stop is California’s senate, where it is expected to pass.

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