The statistics about sexual violence on U.S. college campuses are overwhelming. One in four women will be sexually assaulted during her academic career. Nine in 10 victims know their offender. About 11 percent of victims experience an incapacitated sexual assault.

Such findings are why it’s good the University of Minnesota is working to adopt an affirmative consent policy. Think “yes means yes.” Each person who wishes to engage in sexual activity must obtain clear consent from their partner. If at any time one party does not say “yes,” all sexual activity must stop.

While there are challenges to realistic application of such a policy, just adopting the plan will raise awareness and education about responsible, respectable behaviors. And, again, given the statistics about sexual violence, that is an important step.

St. John’s University and the College of St. Benedict have a similar policy. While St. Cloud State University does not have a similar policy, it does define consent.

Status of policy

A splintered university Board of Regents last week convinced U of M president Eric Kaler to delay implementation of the policy. Some regents wanted a legal opinion about the policy, which you can read in full online at http://policy.umn.edu/review/sexualassault-appa. A few portions:

—A lack of protest, the absence of resistance and silence do not indicate consent.

—Consent must be present throughout sexual activity and may be initially given, but withdrawn at any time. When consent is withdrawn, sexual activity must stop.

—Consent is not obtained where there is physical force, threats, intimidation or coercion; there is incapacitation due to the influence of drugs or alcohol; there is the inability to communicate because of a physical or mental condition; or an individual is asleep, unconscious or involuntarily physically restrained.

Moving forward

The delay means the policy will not be in effect when students return for fall semester.

One concern expressed at other colleges (and even states considering such a law) is that it presumes guilt of the accused party.

Indeed, that’s a legitimate concern — and it gets to some key questions. How will either party prove consent? How will either party prove they did not give consent? Or withdrew it?

Those issues make great fodder for comedians, but they are serious issues in need of answers if America is serious about reducing sexual violence on college campuses.

St. Cloud Times

Distributed by Tribune Content Agency