Quote:
Originally Posted by CliffFletcher
And you’re pointedly ignoring the concerns brought up by MBates and the Supreme Court Justice.
Do you disagree with these assessments?
I expect that I, like almost everyone else who has been in long-term sexual relationships, have broken it many times. The only people who don’t routinely break it are those who only have sexual relations on brief acquaintance and never get past that awkward, self-conscious early stage of relations.
|
Not seeking to get into this too much, but if you’re going to focus this much on Justice Fish’s
dissenting reasons in
R v J.A., I would really suggest you familiarize yourself with both the facts of that case and the majority’s reasons. It might not be quite the appeal to authority you’re hoping for.
Not that I’m quibbling with Morris Fish—I wouldn’t dare, he’s a very noted jurist and I’m not. But the facts of that case were not really about a casual intimate contact with a sleeping partner. It involved anally penetrating the complainant with a dildo after she lost consciousness from being choked, and the issue was whether a person could consent to that in advance. The majority said consent is worthless if it can’t be withdrawn at any time, and honestly I find that pretty hard to argue with, all due respect to Justice Fish.