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Me Too Champion showed it was him too
#51
(05-11-2018, 12:12 PM)fredtoast Wrote: In all other areas it is.

Once consent is established by a course of action it creates an obligation for a party to give notice in order to withdraw the consent.  That is what the courts have determined is fair in other situations so why not with sex?  Why is it such a burden to withdraw consent?

You are basically trying to live in a fantasy land.  I've been married.  I have spent a lot of time with other married couples.  No one asks permission each and every time before they touch their spouse.

Withdrawing consent is not a burden.  All this does is create a trap where a person can be charged with a crime for doing what he/she has always done without being given any notification that it was no longer acceptable.

"No" means "no" but someone has to say "no" before anyone can get in trouble.

Let's go back to your discussion of the bicycle. If you have a friend that needs to borrow your bike and you allow that one day, your earlier assertion (and this one) is saying that if he then borrows it later that it cannot be considered theft because you have consented to that previously? You are saying with your posts that the criminal case law has a precedent for this? I'm not buying it. I know it to be the case in civil contract law, but I'm not buying it here. I'd like to see that case law, because I'm doubting your claim that is how it works in other criminal situations.

You keep saying withdrawing consent is not a burden, so by the same logic it is not a burden to ask for consent. I know that there isn't going to be a verbal discussion every time, but this is why I emphasize that relationships lay a foundation for a discussion about what consent looks like. You should be able to describe what your partner does or says that indicates consent, and that should be agreed upon. If it's not, then you should be getting that verbal consent every time. We don't use the "no means no" standard anymore. Nothing other than a sober and enthusiastic "yes" is a "yes" when it comes to consent. That is how we treat it, that is the standard we and many universities follow, and one that has been upheld by the courts because as public agencies we must follow due process.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR

"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR





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RE: Me Too Champion showed it was him too - Belsnickel - 05-11-2018, 12:25 PM

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