Home Media Update on California’s “Yes means Yes”…

Update on California’s “Yes means Yes”…

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On September 2nd I wrote that this law was biased against male students, and it might result in athletes not attending California schools.

Well, it took only 13 days for Occidental College to take a law that hasn’t even been passed yet even further and make it even more Draconian, suggesting that Yes means No. Read the article here.

If you’re an 18 year old athlete, are you going to college in California? Expect USC, Oregon, and Arizona schools to get a recruiting windfall. Cue Jack to argue this incident isn’t biased against males.

83 COMMENTS

  1. Which part of the Occidental policy do you disagree with? The part that says a person cannot consent to sex if they are incapacitated, or the part that says intoxication cannot be factored in to whether or not the alleged aggressor was aware of the victim’s incapacitation?

    • I think it’s more about the way it is unequally applied between the sexes in practice, as well as the de-facto assumption of guilt and lack of ability to defend.

  2. If you can’t have drunken, meaningless sex while away at college anymore, what’s the point of going away to college, athlete or not? Might as well stay home and take online courses.

    • A high school classmate is a prof. there and I was expecting her to be the one named in the article.

      I thought “profiling” was a no, no? This is really confusing. By her standards, they should lock up the entire male student body at Noter Dame as a preventative measure.

  3. I never said the implementation of this and similar laws wasn’t biased. In fact, that was my main point about them being stupid laws… those who were implementing them.

    The laws themselves are not biased one way or the other.

    In fact, I don’t understand why the dude doesn’t claim sexual assault since the girl should also be held to the standard that he is held to. Clearly he was incapacitated and couldn’t give a clear and knowing consent to the action… let alone know what the consequences might be.

    It seems to me the opportunity lost here is first the school’s application of “respondent” to John Doe combined with John Doe accepting this designation. If his representation would have had it right, he would have counter-complained and made Jane Doe also a respondent. Certainly she could not claim her own incapacitation provided her any cover for not knowing he was too bombed to properly consent to her overtures and subsequent actions?

    Let’s see what these laws and rules really mean for once. Take them out of the hands of the schools, and put them in the hands of professional law enforcement.

    I think the problem with Occidental being held up as a cautionary tale here is that they have a vested interest in being overly vigilant in these cases since they were the polar opposite as recently as a couple months before this “incident” took place. Wasn’t it one of the schools where they were pretty much criminal in the other direction regarding their treatment of assault?

    • The school and this professor with an agenda (profile rapists and convincing the girl she was raped—really is that in his job description?) have no business at all being in their business. End of story. Both are adults, both consented, the end.

      In fact, I don’t understand why the dude doesn’t claim sexual assault since the girl should also be held to the standard that he is held to.

      Exactly.

      Clearly he was incapacitated and couldn’t give a clear and knowing consent to the action… let alone know what the consequences might be.

      What if the girl drove drunk instead of having sex. Would a valid argument be that she was too incapacitated to clearly know what she was doing? Why is sex the lone exception for personal responsibility?

      • I think you read it wrong… or I am. Apparently the school lied about what part that professor had in this but refused to amend the lie it during the process.The “profiling” part was the specific part discussed.

    • C’mon, we all knew that this year was going to be a transition period. It’ll be pretty ugly for now, but come next season, things should be looking up.

    • Yeah, that’s been what has been expected for months. Everyone knew the team would be pretty bad. The team will have a lot of problems trying to score. Gonna be a lot of beat downs. Won’t be an easy rebuild for Tinkle but there’s a lot of hope with the caliber of talent he’s bringing in for 2015-16. I have no expectations at all with the current roster, I’ll take any win they can get this season

    • You all are depressing.

      It’s not going to be that bad. We are tilted to the D end right now. But there’s a lot of solid D on that end to work with. And the eight deep rotation is a good number. Sure it will be thin in some games. But last year was what… 10 deep… if that?

      I think we have better hoops players now filling out the roster compared to who we had last year and previously. And we will have a better D and a more enjoyable O. It’ll just be a learning curve for the O.

      • I agree. With better coaching and pretty good D I think they can win some games. At the very least they will look like a real team, I think, with Tinkle at the helm.

  4. As a college student, this is why I refuse to get drunk or have sex with any women. There’s just too many potential pitfalls to make any of it worth it.

  5. You can pass a law, but the court system tells you what that law actually means, or even if it is constitutional. So wait and see with this new law.

    The previous situation was bad enough. I have to think that such obviously unfair laws will eventually get struck down. But it has to come in court.

    Still, you have to recognize the legal atmosphere, and act accordingly, like RanY says.

    Self defense laws have a similar situation. Not many years ago it was tough to use a gun to defend your property. if you shot someone at your home, you needed to drag the body inside the house, as that made it self defense. But recently that has changed. The legal situation evolves. I expect that to happen with these consent laws. Laws are passed to correct a particular happening, but are not necessarily constitutional. The courts determine that. Hopefully this consent situation will work out.

    • That is true. In California you can’t shoot someone if they break into your home unless your life is at risk, and in that case you can only use force equal to the attack (so if they have no weapon it will be hard to justify a gun). It is insanity, imo, to expect someone being attacked or robbed to think about the level of force they’re using.

      • Yeah. Its probably a little better in Oregon. I recall a case of self defense in a home that went to court. A few years later a guy caught someone rifling or stealing his car, and shot him dead in the driveway. No presecution. The legal climate had evolved. You have to take stock of that.

        • yes, that happened back in the late 80’s early 90’s in Adair Village IIRC. However, they did try to prosecute the homeowner as the suspect was shot from a 2nd story window and was attempting to flee. Homeowner was acquitted because the gun misfired. That was proven in court. When I took my concealed carry class all you had to catch someone doing was attempting to break into your home while you were inside and that was enough to be a justifiable homicide. However that has changed in recent years. You can only use deadly force if someone is in your home. If they turn to flee, they are no longer a threat and you are not permitted to shoot. Shooting an intruder in the back is homicide. It’s all a bunch of libtard bullshit. Libtards and lawyers who see $$$

          Why would someone want to defend someone committing a crime? Buncha whining, sniveling pussies in this country. If you’re stupid enough to break into someone’s home and get shot? GOOD! Maybe your dumb ass shouldn’t be breaking into people’s homes (which IS a felony btw)

  6. I haven’t searched on line, but I heard on the radio today about a columnist writing an op ed piece about the dangers of drunk girls at frat parties ( and he was being serious). Apparently, his employer took the story down.because he was calling for accountability from girls who show up at these parties shit faced. I’m guessing he was referring to this Occidental situation.

    • I had several acquaintances in college who would honestly appear fine while they were black out. They would be talking normally, walking around–all while being completely hammered. Any guy they went home with probably would assume that they were not incapacitated and able to consent. This stuff is seriously not cut and dry, that’s why this law could screw a lot of people over–without their consent! har har

    • 62-27….still not as bad as UW @ OSU, 69-27….which was worse than the CW drubbing.

      Re: Civil Wars the 65-38 score looked so bad I think fans forget that Anderson/Hass beat that point differential in a 50-21 win in Corvallis. Anderson BARELY missed Hass on additional TD pass and after remarked he had thought during the game the Beavs might “hit 70” in the game….

  7. BTW, I emailed OSU to advocate for white pants/black jersey/white helmet at USC….Fenk responded saying OSU could not do that as they had to wear jerseys that contrast USC’s home jerseys. I understand the rule, I’m just saying have some attitude and do it.

  8. Don’t see Riley leading Oregon State to a meaningful road win that has any aspects of being BIG or raising the program. He may get a a couple as long as they have limited meaning but beyond that as far as I can think he is something like 0-12 in games that would have been much more significant for raising the program. Significant wins are Riley’s Kryptonite. 14 years into this and I am desert thirsty for a really meaningful win. Beating USC down there would be a nice boost for the program but not really something BDC has to have. Status quo works for him as 6-6 is the easiest bar to reach and the extension rollovers keep it that way whether fans are hungry for more or not.

    USC 38, OSU 27

  9. Some of you are just delusional. Denial. Not just a river in Eqypt. HOW MANY TIMES have we all been lifted up, only to have it come crashing down on us???? USC wins this game. Easily. They’ve had 2 weeks to prepare for that ass kicking they got at BC. Fools

    • Lucy hasn’t even trotted out on the field yet, let alone grabbed the football. There are no expectations for this game. There’s just want.

      Now… can you imagine the letdown if we do win this one then lay an egg @CU or at home against Utah?

      • “If?” I thought you were willing OSU to victory?

        Yve Bernard thinks OSU is going to surprise everyone. This is a frustrating program to me; I think it has the physical ability and even the personnel to win the game – DTs, LBs, Nelson at CB, TEs, FBs, QB – but I don’t think it has the coaches or the toughness. I think the TEs and FBs could be key to victory, but suspect the FBs will be underutilized. Let Ortiz go out and hit people in the mouth, catch the football. Let Anderson do his thing.

        I don’t trust Banker to be able to deal with USCs game pace. I don’t trust Riley with either in-game strategy or clock management. I don’t expect that the OLine wants to go out and run-block USC into submission for four quarters and chew up the clock with long drives that finish in TDs (not that OSU shouldn’t throw the ball, but it’d be nice if the Oline had that mentality).

        Inexperienced players are going to be starting at WR, and though they’re saying otherwise, I think many of the players will be distracted by playing in the Coliseum and on national tv.

        Meanwhile over at OLive Canzano is attempting to perform some sort of psychology on OSU and call them out.

  10. Pre-Game Chatter: If OSU wins it will prove that we aren’t pretenders
    Post-Game Chatter w/ a win: USC is down this year due to limited scholarships. We still don’t know what kind of team OSU has.

    Repeat next week.

  11. Minor issue which could become major: Keith Heyward’s coaching of the spoiled children’s DB’s could lead to a few PI calls favoring the Beavs. If the Beavs can do enough other things right, a timely PI call could tip the scales. Big if!

    Still, if Heyward hasn’t trained his guys to look for the ball……..

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