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Campus Rape And The Trouble With Affirmative Consent

September 15, 2014

Wendy Kaminer

Wendy Kaminer: "Feminists who have long demanded that government stay out of the bedroom are now inviting it into the dorm room." (titoperez/Flickr)

How will campus triers of fact determine whether an 'explicit yes' was repeatedly rendered, satisfying the 'ongoing' consent requirement?

Related:

Cognoscenti: Victimizing The Accused? Obama’s Campus Sexual Assault Guidelines Raise Concerns
California Lawmakers Pass 'Affirmative Consent' Sexual Assault Bill
A Campus Dilemma: Sure, 'No' Means 'No,' But Exactly What Means 'Yes'?

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Wendy Kaminer Cognoscenti contributor
Wendy Kaminer, a lawyer and social critic, writes about law, liberty, feminism, religion, and popular culture and is currently a correspondent at The Atlantic. Her latest book is "Worst Instincts: Cowardice, Conformity and the ACLU."

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