In 2014 California added Section 67386 to its Education Code. The law applies to colleges and universities that receive state funds for student financial aid. Their policies on sexual assault must use a standard of “affirmative consent.”
The law defines this as “affirmative, conscious, and voluntary agreement to engage in sexual activity.” It then states: “Lack of protest or resistance does not mean consent, nor does silence mean consent.” Consent “must be ongoing” and “can be revoked at any time.”