Quote:
Originally Posted by PepsiFree
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?
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Situation A is, by definition, a sexual assault according to Canadian law. In other words, the correct legal answer to your question, "In which situation was there consent?" is none of the above.
Edit - I presupposed the scenario being that a complaint had been made to police...which I get now is not what Pepsi was saying...see below.