When conservatives are right about progressives: On the new campus sexual misconduct rules

Comment published on 8/29/18 on New York Times online blog in reply to opinion essay by Erica L. Green, "New U.S. sexual misconduct rules bolster rights of accused and protect colleges":

One of the saddest features of American politics today is the extent to which "left-liberals" have shot themselves in the foot by showing lack of concern for free speech or due process when members of one of an "Oppressed" demographic are concerned along with their "Privileged" complement). Conservatives have been right enough about liberals to score points here. And this works because of the way "progressives," as liberals are best called, want to use law and state authority to reshape society according to their ideals. This virtually necessitates that people will be found guilty who could not have known they were. This is the logic of things like "micro-aggression," a crime whose existence depends on the hermeneutical creativity of judge or jury.

I have but one issue here: the continued use of the concept of "unwelcome conduct of a sexual nature." This could be an unexpected kiss. The new rules call for a level of violation and grievance that should help here. But the basic the idea that "I" have wronged "you" if I did (or said?) something you didn't like, maybe even realizing that afterwards, leaves murky what should be clear. Is unwelcome conduct something the other has not welcomed? Or only something they have explicitly refused? Is all that is not prohibited permitted, or all that is not prohibited permitted? Does silence mean no or yes?

In a world of crimes and victims, who can save us from fuzzy laws and fuzzy policing?