Tbh, I don’t like this law all that much, for a few of reasons.
First, I don’t really see why colleges and universities are even involved in the situation in the first place. Students are adults, and sexual activity between them isn’t a university’s job to police or monitor - especially when it happens off school property. Rape is a particularly heinous category of violent crime, and we have cops to deal with those situations. Having non law-enforcement agencies with no effective oversight or appeals process arbitrate criminal matters just seems odd to me. When a student is suspected of murder, it’s a police matter first, and the academic administration takes a distant back seat. I don’t see why rape is any different, really.
Second, I guess I just don’t really see how any of that is going to be enforced or useful. The rapist is probably just going to lie anyhow, their moral compass is already skewed. The fundamental difficulty of dealing with rape in legal terms is the pervasive lack of reliable evidence. Adding another wrinkle to the “he said, she said” nature of the situation isn’t going to protect anyone.
Finally, like proscriptions against tipsy sex, this will be something the vast majority of people will happily ignore with no consequences, thus making a legal mockery of the whole thing. Regulating the details of how people interact in intimate settings has a poor track record of efficacy, and laws that are routinely and commonly violated aren’t doing anyone any good.
I think it’s important for us to reform our legal and law-enforcement situation so that it can deal with sexual crimes more effectively, perhaps then we don’t have to rely on universities to decide whether a crime has been committed. And it’s always important to educate people, about the nature of consent and why it’s important - as well as how to spot dangerous situations and protect themselves. Laws like this, they just feel like a bandaid.
In the glorious future, the NSA will have everything on video anyway, so none of this will be a problem.