California governor Jerry Brown, in answer to the alleged “rape epidemic” on campuses recently signed the new “affirmative consent” law. It will require a verbal “yes” at every stage of amorous activity on college campuses. I have a few legal questions. Can this requirement be waived if the participants sign a pre-coital contract? Is sex sufficient consideration for the contract to be valid under California law, or must other consideration be exchanged? If other consideration is exchanged, does the contract become illegal solicitation? Should I consult my legal team before my grandson goes on dates in California? Does the law apply to same sex couples? If the law does not apply to same sex couples, can college students sue the State of California under the Equal Protection clause to get the law ruled unconstitutional? Is being expelled for failure to stop on command cruel and unusual punishment? Is stopping on command torture under international law? I have a few more, but you get the general idea.
At this point, another commenter suggested that the written contract possibly could be invalidated at any time by an audible “no” for either of the involved parties. This surprised me. I assumed, perhaps in error, that a written contract would be enforced. However, perhaps there is a penumbra in a written contract that allows retraction on demand. This would be a good point to bring up with my legal team in a pre-dating consultation with my grandson.
Here's a link to the article I reacted to: