Quote:
Originally Posted by CliffFletcher
That’s not the way consent works legally. Precedent and positive reinforcement have no bearing. If you’ve kissed your wife 100 times from behind with positive affirmation that it was welcome, there is no implied consent to do it for the 101st time.
Again, happy for a lawyer to step in and correct me if I’m wrong.
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Correct.
But its all about risk. Basically, any time you touch another person, you take the risk of doing so without their consent and therefore committing an assault (either common or sexual). This, I think, is the gist of MBates' concerns about the current state of the law). However, in the vast majority of cases, I have a basic level of trust in the people I choose to touch (sexually or otherwise) that I understand and can predict what touching they will consent to and also that I can recognize when they are and are not consenting to touching.