Word: consent
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...Date Rape Task Force report proposed a relatively strict definition of rape as any sex occurring without the expressed consent of the victim. In other words, both parties involved must openly consent for the act to be legal...
...CLUH's definition emerges from an analysis of the four basic conditions under which sex can occur (we are assuming cases where no intimidation, coercion, etc. occurs, as such situations constitute rape under both our definition and that of the Task Force): 1. Neither party asks for or expresses consent, and neither dissents. 2. At least one party asks for consent and does not receive an answer. 3. Both parties ask for and receive consent. 4. At least one party dissents...
...case 1, the Task Force definition leads to the bizarre conclusion that both parties are rapists, as each proceeded to engage in sexual relations without the consent of the other...
Fillingham attempts to skirt this piece of illogic by arguing that sex is always initiated by one party, who should ask for consent. But if this is the case, then due process issues emerge as defendants would have no reason to know that what they were doing was wrong...
...that occurs despite the lack of an answer to a request for consent does not automatically indicate that rape has occurred. There is no reason for the person who asked for consent to believe that further sexual contact is not desired by the other person...