Law Office of John W. Noonan
925-463-3340 Call For A Free Initial Consultation Se Habla Español Available 24/7

'Yes means yes' law: good news or bad news for college campuses?

The line between what constitutes sexual assault and what does not is a very difficult one to draw. It's a point some of our more frequent readers may remember us highlighting in a July post where we discussed the problems defining sexual assault was creating for college campuses across the nation, including here in California.

The issue at hand, as we hinted at in the post, was that state legislators needed to better define the term sexual assault so that college campuses could ensure proper reporting. Absent of this clarification, campus administrators ran the risk of violating an accused student's rights, perhaps even reprimanding a student when no actual crime was committed.

With the approval of the "yes means yes" law recently, California legislators are hoping to provide this much needed clarification. But what impact could this legislation have on college campuses and its students? Will the law really help or will it push colleges into "murky, unfamiliar legal waters?"

Although the law appears to better define sexual assault and seems to clarify when campuses should investigate reports of abuse, some have argued that the new definition "presumes the veracity of accusers ... and likewise presumes the guilt of [the] accused …" This further opens colleges up to the possibility of falsely accusing students of sexual assault and violating that student's rights as well, which was a possibility before the change in the law.

It's worth pointing out that this law will apply to all colleges and universities in the state of California that currently accept state financial aid. Reports indicate that it could be extended to include both public and private post-secondary schools that also receive state funding in the future.

Source: USA Today, "California adopts 'yes means yes' law," William M. Welch, Sept. 29, 2014

Recent Case Results

  • Drunk Driving Offenses

    John was able to get client a reduction of charge of a DUI because of being a nurse it could mean her license.

    He secured a Drunk in Public , and she would attend a 3 month program. Additionally, the dmv hearing was also set aside.

    Both being a win for the client.

    Read More
  • Domestic Violence

    A client was arrested for a Felony Domestic Violence, could have devastated her potential for future employment. John was able to get the case dismissed. Client was thrilled.

    Read More
  • Juvenile Charges

    A juvenile was arrested for 2nd Degree Robbery. After 6 months the case was dismissed.

    A juvenile was arrested for Sexual Battery. After 6 months and 80 hours of Community service, the case was dismissed.

    Read More
  • Drunk Driving Offenses

    A client with a 1st DUI arrest. Fearing she would go to jail; lose her license for a year and lose her job. Got a wet reckless and minimal fines.

    Read More
  • Drug Charges

    A client with 4 Felony charges on a Transportation Charge, a Attempt to Sell, Possession of Marijuana, (50 pounds), Conspiracy Charge all where reduced to 1 Misdemeanor. No Jail.

    Client was charged with 6 Felony drug possessions. Facing jail time. The results: Client got a deferred entry of judgment and then dismissed.

    Client charged with several felony counts of possession of Marijuana with intent to sell. Client was involved in a medical marijuana grow. Case was reduced and later dismissed.

    Read More
  • Sex Crimes

    A client with alleged 2 Felony Sex charges and he faced jail and sex registration. The case was entirely dismissed.

    Client charged with prostitution; facing jail time and sex offender registration. Result: NO JAIL TIME AND NO SEX OFFENDER REGISTRATION Deferred Entry of Judgment.

    Read More
  • Domestic Violence

    Client charged with domestic violence, with great bodily injury. Case reduced to a misdemeanor with time served.

    Read More
Email Us For A Response

Learn How We Can Help

Contact Information

Areas We Serve

Dublin Office
6379 Clark Avenue
Suite 250
Dublin, CA 94568

Phone: 925-463-3340
Fax: 925-479-0015
Dublin Law Office Map

Manteca Office
210 East Center Street
Suite 10
Manteca, CA 95336

Phone: 925-463-3340
Fax: 925-479-0015
Manteca Law Office Map

Back To Top