Quote:
Originally Posted by MBates
So I approached the scenarios as situations where people had made allegations of sexual assault...so I get what you are saying now.
You are doing ok for an internet lawyer...haha.
But ironically your example and my response(s) work well to demonstrate the point I have tried to make for some time now.
The husband can make his conduct exactly the same...and if the wife responds with "leave me alone a**hole" because something that happened that day the husband knows nothing about then its a sexual assault and if accused he would have no defence on your stated facts.
I am not saying people will all run to the police and file a complaint. Clearly that does not happen the vast majority of the time.
But again, when it does happen, I can assure you the person accused does not care how rare it is.
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Bolded for the haters! Nice try Cliff!
I figured that’s how you were approaching it, as it makes sense in that context. Would that situation lead to a conviction, or even a charge in that scenario? I don’t know, I wouldn’t think so, but I imagine you have some idea of how rare a situation exactly like that even makes it to trial (I don’t).
And I agree the points play off each other. Are people going around sexually assaulting their partners all day because they aren’t following the leg definition of how consent can and can’t be obtained? No.
Are they
risking the
possibility that what they’re doing could constitute nonconsensual sex/sexual assault under the legal definition if they’re not properly obtaining consent, regardless of how benign it seems? Absolutely. But that’s wildly different than Cliff’s assertion that many well-intentioned people are running around routinely engaging in nonconsensual sex and sexual assault, which is absurd. But while that risk might seem silly, I think it also offers a healthy range of protection.
Part of understanding consent goes beyond the criminal code and the courts, and is not just understanding how to legally obtain it to protect yourself and, I hope, your partner, but what consent actually is.
For me, someone sitting there saying “sure, I’ve committed sexual assault plenty of times by not obtaining consent” tells me that (hopefully) they just don’t understand consent and are just looking at it in terms of obtaining it legally. Or they actually don’t believe their partner felt what they were doing was consensual, which is deeply concerning.