- cross-posted to:
- world@quokk.au
- cross-posted to:
- world@quokk.au
Er… What was it before?
The article says it: some sort of violence or threats were required to bring charges.
Implicit consent. I think now you need explicit verbal or written consent
You can’t prove verbal anyway. If you have a penis, you should always have a written contract, particularly for casual encounters.
But this change I believe was more about no longer needing a threat of violence for rape to be considered rape. No longer on the victim to prove that there was a threat of violence.
Just have her sign a Love Contract.
Kobe!
LMAO that would be meaningless as consent can be withdrawn at any time.
It’s really not difficult to continually affirm consent. You’re making up demons that don’t exist.
How do you prove that consent was present? In court?
How often do you end up in court? Has someone accused you of assault for bumping into them in public? Has anyone sued you for forgetting to repay them $10?
I have not ended up in court. It really depends on what kind of people you deal with.
The overwhelming majority of people would not falsely accuse people of sexual assault. Even of those who would do it, I reckon most would only do it against a high net worth individual. Still, there have been documented cases of false accusations landing people in jail.
While I was being hyperbolic, it’s still food for thought. How DO you prove consent after the fact unless you had a signed contract? Not to mention the fact that consent can be withdrawn DURING intercourse even if there was consent in the beginning. To legally be 100% protected, you’d have to have a contract AND a video recording for every time you have sex. Video recording to prove that consent was not withdrawn after the fact. Contract to get permission for sex and the recording of said sex.
To be clear, I am somewhat kidding, but also not. No, I have never signed contracts, nor recorded having sex. But I HAVE broken the rule of “don’t stick your dick in crazy” and I am moderately scared of what future holds for me - luckily I have 2 years of text conversations proving that it was a consensual relationship (I mean technically not all consensual on my part, she threatened me plenty, just not for sex).
To illustrate how crazy we’re talking about: She essentially whined me into getting her mom airpods and an apple watch as a gift. Since she was an extremely explosive pregnant lady, I agreed. Later when she got into a spat with her mom, she asked for the things back and when she didn’t get them back from her mom, she had me file a police report for theft of these things. Literally the kinda person who falsely accuses everyone of everything to get things. I’m in for a bumpy ride.
Oh and of course if anyone is asking “wait, the relationship only lasted two years and she was pregnant?” - well naturally, she claimed to be on the pill. And a sheet of said pills did appear on a countertop when she started hanging around my place. But I suspect she was just throwing them down the toilet once a day. This was month #1.
Oh yeah, it’s notoriously easy to prove nonexistence of something.
This is why this law needed to exist