From WSJopinion: Activists are pushing the American Bar Association to take up a resolution that would redefine sexual assault to presume guilt and require the accused to disprove it, write kcjohnson9 and staylor5448
In August 2014 the University of Tennessee-Chattanooga deemed student Corey Mock guilty of sexual assault, finding that in the disputed encounter he failed to prove he had obtained “affirmative consent” from the accuser. According to Mr.
Mock’s unrebutted testimony, the female student’s actions during intercourse led him to believe that she had consented to sex. Mr. Mock sued the school, and a Tennessee judge ruled in his favor. “Affirmative consent,” the judge wrote, “is flawed and untenable if due process is to be afforded.” The standard “erroneously shifted the burden of proof” to the accused.
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