The asshats at ABA
The resolution … says that the law should “define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact” and “provide that consent is expressed by words or action in the context of all the circumstances.”
This is an American Bar Association Resolution, discussed more here (paywall). If state legislatures follow the advice, their sexual assault statutes will be held unconstitutional. The ABA has every reason to know this, just as it has reason to know that its proposed Rule of Professional Conduct 8.4(g) unconstitutionally chills free speech. (Many state Supreme Courts are ignoring proposed Rule 8.4(g) for just that reason.)
I quit the ABA when it endorsed abortion 35 years ago or so. I’ve never regretted it.