05-11-2018, 10:04 AM
(05-11-2018, 09:54 AM)fredtoast Wrote: The problem is that "course of conduct" does establish consent under contract law. If I have been in a relationship involving consensual spatula sex for a period of time then I am allowed to assume that is consented to unless consent is withdrawn.
If you are going to make strict rules of consent then there should not be "special" rules that only apply to sexual relationships. There is absolutely NO burden to one party to "revoke consent" to something that has been established by a regular course of action. All he/she has to do is say "You can't do that anymore". Anyone who has been in a relationship knows that is how it works. If one party says "no" then that means "no", but someone has to say "no" if it has been consented to before.
That's interesting, because that is not how we have defined consent for our Title IX proceedings, and this definition of consent has been tested in federal court.
Quote:An outward demonstration through understandable words or actions that convey a knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force that is express or implied, coercion, intimidation, threats or duress. Consent cannot be obtained by ignoring or acting in spite of the objections of another, by previous consent or by taking advantage of another person’s incapacitation or physical helplessness where one knows or reasonably should have known of such incapacitation or helplessness. An individual who is incapacitated because of age, disability, voluntary activity or through the acts of others cannot give consent. Silence or absence of resistance does not imply consent. Consent is voluntary and may be withdrawn at any time by communicating the withdrawal through an outward demonstration of understandable words or actions.
Now, when we adjudicate, we do ask about how consent is typically communicated during sexual activities if the parties have engaged in them before, but consent does not carry from situation to situation for a couple.
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