Sexual Activity Within A Criminal Act Of Rape Essay

1887 Words Dec 3rd, 2014 8 Pages
A “no” always means no and “yes” always means yes in place of sexual activity between two individuals. Different grounds need to be covered and taken into consideration when examining these situations as there are multiple circumstances that are associated with it. “No” and a “yes” can have many interpretations depending on the situation at that particular time, most are based on assumptions which result in a criminal act of rape.

When dealing with sexual activity a “no” should always mean a no regardless of what the circumstances are. A partner’s refusal to engage in an intercourse or any sexual engagement is their right and should be accepted and respected by the partner. “No” can be verbal or by means of resistance to that activity. Even if the individuals had past sexual history, it does not automatically be assumed that the partner is ok to participate in a sexual activity. As stated in the California Senate Bill 967 “An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and…

Related Documents