That last bit needs to be changed from “But although she didn’t consent, neither did she…” to “But although she didn’t want to, neither did she…”
Sometimes I write faster than I think.
23. You Couldn’t Have Known? Not Rape.
The Illustrated Guide to Law
The comic that teaches what the law is, how it really works, and why.
I would hope that, in a situation where you’re in a relationship with the person, that the first touch they aren’t ready for be un-punishable as I really don’t expect that someone to out of the blue just straight up give a briefing on what is and isn’t ok yet. Totally ruins the mood. Relationships are to a large part are evolving constantly and as the person gets more comfortable and familiar with you, they will allow you to do more things with them.
I would think that suddenly screaming and calling the cops in the middle of a rendezvous would always ruin the mood, whether you would actually get charged with anything or not.
Anon, as I understand it, that is in fact the case, so long as you stop and pull back as soon as it’s asked.
WJS, how often do you believe that happens?
I think that California has changed this. https://www.reuters.com/article/2014/09/29/us-usa-california-sexcrimes-idUSKCN0HO07D20140929
Silence apparently no longer implies consent in The California Republic.
There’s a similar “consent law” where I live, it’s worded such that if you are in a situation where a reasonable person would be unsure of consent, and you don’t stop to check, then you are guilty of the lesser charge of “neglectful rape”.
This law (presently) applies only to colleges and universities in California; it directs their administrations to create rules establishing affirmative consent, and any sanctions are limited to what college administrators can withhold from students, i.e. suspension, expulsion, loss of campus privileges, etc.
However, we could do worse as a society than to make affirmative consent a universal norm.
@The Barefoot Bum: The most common sexuality favours an unbroken momentum, without a pause to carefully review, dot the i’s and cross the t’s. The affirmative consent model is directly opposing this sexuality, and thus, unfortunately, is likely to remain fairly rare in practice.
With this in mind, we can’t go around punishing people who didn’t realize there was anything wrong going on. Yes, we could do worse as a society, but affirmative consent is unlikely to be an improvement.
*but affirmative consent ^enforcement^ is unlikely to be an improvement.