The affirmative consent law in California is a standard specific to college and university campuses used to define consent in sexual activity, requiring that a clear, voluntary, and ongoing agreement must be present.
This law requires all parties to actively communicate their willingness to engage. Silence or lack of resistance does not constitute consent. Schools must use this standard in campus disciplinary processes for incidents involving a student, whether on or off campus, as a condition of receiving state student‑aid funds.
Education Code § 67386 (SB 967) applies to postsecondary institutions, such as community colleges, CSUs, UCs, and private colleges that receive state student‑aid funds. Los Angeles college campus sexual abuse lawyers assist survivors with filing civil lawsuits and explain how this law affects their cases.
What Constitutes Affirmative Consent in California?
Under Education Code § 67386, ‘affirmative consent’ means an affirmative, conscious, and voluntary agreement to engage in sexual activity. California law defines affirmative consent as a clear, conscious, and voluntary agreement to engage in any sexual activity.
It requires all participants to give ongoing and mutual consent throughout the interaction. Affirmative consent is not passive; it requires an active “yes” rather than the absence of a “no.”
The following criteria apply to meet affirmative consent on California college campuses:
- Clear communication: Consent must be communicated clearly, either verbally or nonverbally, and must actively demonstrate a willingness to participate.
- Voluntary agreement: Consent must be given voluntarily, in the absence of any form of coercion, pressure, or manipulation.
- Ongoing participation: Consent must remain ongoing throughout the interaction and can be withdrawn by any party at any time.
Affirmative consent mandates active and ongoing communication, moving the legal standard away from assumptions of consent. Each person has a responsibility to ensure they have the other person’s affirmative consent. Past sexual history or a dating relationship is never, by itself, evidence of consent.
What Does Not Constitute Affirmative Consent?
Affirmative consent on college campuses is not present under certain circumstances. Silence, a lack of verbal response, or a failure to resist does not qualify as consent. Consent is not valid if it is obtained through intimidation, threats, or any form of coercion.
Consent cannot be given by someone who is incapacitated due to intoxication, unconsciousness, or the influence of drugs. Survivors of sexual assault on college campuses may seek assistance from Los Angeles sexual abuse lawyers to hold perpetrators accountable.
These cases often rely on the affirmative consent standard to determine whether misconduct occurred. Los Angeles personal injury lawyers assist survivors in filing civil claims and pursuing compensation. In campus cases, it is not a valid excuse that the accused believed there was consent because they were intoxicated, or because they failed to take reasonable steps to confirm consent.
How California’s Affirmative Consent Law Affects College Campus Sexual Abuse Civil Lawsuits
California Governor Jerry Brown signed Senate Bill 967 (SB 967) into law in 2014, which added Section 67386 to the Education Code. This legislation set a new standard for addressing sexual assault, domestic violence, dating violence, and stalking on college campuses in California.
SB 967 requires colleges and universities that receive state funding for student financial assistance to use the affirmative consent standard in their policies addressing sexual misconduct, including investigations of sexual abuse cases.
SB 967 establishes several requirements that affect how sexual abuse cases are handled on college campuses, including:
- Affirmative consent standard: Colleges must apply the affirmative consent standard, which requires a clear, conscious, and voluntary agreement to engage in sexual activity. Silence or lack of resistance can no longer be used as a defense.
- Ongoing and mutual consent: Consent must be maintained throughout the interaction and can be withdrawn at any time. Past consent to sexual activity does not imply consent to future acts.
- Incapacitation: The law explicitly states that individuals who are asleep, unconscious, or under the influence of drugs or alcohol cannot give consent.
- Prevention and awareness programs: All incoming students must attend mandatory orientation sessions that educate them on the affirmative consent standard, sexual assault policies, and available resources.
- Policies that support survivors: Institutions must adopt policies that promote privacy, confidentiality, and access to resources like counseling and legal assistance for survivors. They must train officials in trauma-informed practices and allow survivors to report incidents confidentially without fear of discipline for minor policy violations, such as alcohol or drug use.
Sexual assault investigators focus on whether clear and voluntary consent was obtained rather than examining whether the survivor resisted or said “no.” California also requires fair, prompt, and equitable grievance procedures at postsecondary institutions under Education Code §66281.8 (SB 493), which operates alongside SB 967.
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How Long You Have to Sue for Sexual Abuse on College Campuses
Survivors of sexual abuse on college campuses in California now have expanded legal opportunities to file civil lawsuits, thanks to updates to the state’s statute of limitations:
- California Code of Civil Procedure 340.16: Survivors who were over the age of 18 at the time of the assault typically have 10 years from the date of the assault or three years from discovering psychological or emotional harm related to the abuse, to file a lawsuit.
- Assembly Bill 2777: AB 2777 introduced a special lookback window for adult survivors of sexual abuse that occurred on or after January 1, 2009. Even if the deadline under § 340.16 has passed, survivors may still file claims between January 1, 2023, and December 31, 2026.
- Government claim requirement: If the abuse occurred at a public university or government-affiliated institution, survivors may need to file a California government claim within six months of the incident to preserve their right to sue. This deadline generally applies to adult survivors; California expressly exempts childhood sexual assault claims from the government‑claim requirement.
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Our Team of Attorneys Is Ready to Help With Your College Sexual Abuse Case
California’s affirmative consent law, known as the “yes means yes law,” requires consent to be explicitly communicated, voluntary, and ongoing, and we are committed to holding perpetrators and institutions accountable under these standards. At Arias Sanguinetti, your safety and well-being are our top priorities.
Our team of attorneys has over 300 years of combined experience. We have the resources and background to take on even the most complex cases, including sexual abuse on campuses. Your voice matters, and we are here to listen to your story. Contact Arias Sanguinetti today for a free and confidential consultation.
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