A conservative case for affirmative consent laws

And under the headline, “California Sends in the Sex Police,” Bloomberg’s Ramesh Ponnuru argues that the law’s supporters are too dismissive of the possibility that a ”false or misguided accusation” could result “in a student’s expulsion.”

The critics do have some strong points. The law’s call for an “ongoing” ”conscious and voluntary agreement to engage in sexual activity” does not come close to matching how the vast majority of sexual behavior happens in the real world. Any man who has sex on college campus will probably be in violation of at least the letter of the law.

But this does not mean college administrators are going to be snooping from door to door monitoring student sexual activities. A woman must be motivated to bring a complaint against a man before the college will get involved.