'Let's Talk About Sex': Legislating and Educating on the Affirmative Consent Standard

University of San Francisco Law Review, Volume 50, Number 1, 2016

Posted: 17 May 2016

Date Written: May 15, 2016

Abstract

In 1991, the trio Salt-N-Pepa released the classic hip-hop song “Let’s Talk About Sex” to address an otherwise private and intimate topic. Now, twenty-five years later, and in light of the sexual assault epidemic on college campuses, the song’s title takes on a whole new meaning. The Obama administration, legislators, and colleges and universities are all addressing the pervasive sexual assault problem by taking proactive steps to prevent sexual assault and to educate college students about sexual violence. One such step in campus sexual misconduct cases is a paradigm shift from a “no means no” approach to a “yes means yes” affirmative consent standard, and state legislators are now taking notice of this shift following California’s passage of the first “yes means yes” law. An integral part of successfully shifting to a “yes means yes” consent culture is implementing effective education not only at the college level, but also at the high school level. This Article explains the shift to the “yes means yes” affirmative consent standard and offers compelling reasons why legislators should consider requiring high schools to include awareness and prevention education on the affirmative consent standard. Education that incorporates the affirmative consent standard can be an effective way of enhancing young people’s knowledge of sexual communication and will be one step toward a fundamental advance in how society views the realities of sexual assault.

Keywords: Title IX, Affirmative Consent, Education

Suggested Citation

Humphrey, Wendy Adele, 'Let's Talk About Sex': Legislating and Educating on the Affirmative Consent Standard (May 15, 2016). University of San Francisco Law Review, Volume 50, Number 1, 2016, Available at SSRN: https://ssrn.com/abstract=2780124

Wendy Adele Humphrey (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

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