“In essence, [the law] treats all sexual activity as presumptively rape, unless the accused can ‘prove’ that he or she obtained verbal consent beforehand,” Walsh wrote.
And of course, outside of video and audio recordings or some kind of notarized document, there’s really no legal or morally acceptable way to prove such consent (or lack thereof).
Walsh theorized that the focus on such policies is not about reducing sexual assault, but “an opportunity for various Democratic Party politicians to make cheap political hay.” He also believes the policies “represent further encroachments on democratic and constitutional rights, increase the powers of the authorities, whether university or government, and create new regulatory bodies that provide employment and activity for a good many middle class professionals.”
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