Quote:
Originally Posted by PepsiFree
There is no such thing as implied consent.
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If consent is expressed through encouraging actions, it is accepted as valid.
Implicit consent is acceptable if the complainant’s actions were clear beyond doubt. For instance, if the complainant did not express consent in words but willingly made advances, gestured to the accused to touch them in a sexual manner.
I'm not saying how I feel about the situation, but just where I think the defenses case is heading. If someone doesn't say "no" and "offers sexual acts" and then "performs oral sex" and "gets on the floor to be [tea bagged]"...there's an argument to be made that implicit consent was given through verbal gestures and encouraging actions.
It's pretty deplorable behavior to dehumanize someone and coerce them into group sex through physical intimidation. But the defense will see an opening to get a not-guilty verdict.