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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It’s not the way consent works
legally, for good reason.
Since you ignored the other question you said you’d answer, how about this:
Situation A:
You come up to your wife from behind, wrap your arms around her, and surprise her with a kiss on the neck. You’ve done so 100 times before (more I hope) with positive affirmation. She doesn’t feel like she was assaulted and enjoys the kiss (we’re in her mind here, not your perception), even if she gives no verbal or physical indication (she’s busy, or occupied, whatever).
Situation B:
A woman is running a kissing booth for charity. The rules are laid out: donate to charity, receive a kiss on the cheek. A stranger comes up to her from behind, wraps his arms around her, and kisses her neck. She hates it, and she feels like she was assaulted.
Situation C:
An abusive husband is drunk and comes up to his wife from behind, wraps his arms around her, and surprises her with a kiss on the neck. This has not been a regular, welcome occurrence for some time, but there was consent once upon a time for that kind of act. She recoils and pushes him away. She feels like she was assaulted.
In which situation was there consent? And in which situation would you reasonably expect the laws around sexual assault and consent to apply? In which ones do you think they should apply?