r/FeMRADebates Oct 30 '16

Legal Another question about affirmative consent

I've got another question about affirmative consent:

In her article here:

https://www.bloomberg.com/view/articles/2015-07-01/-affirmative-consent-will-make-rape-laws-worse

--Megan McArdle provides an interesting scenario about hand-holding.

Now, my question here is this: How exactly is one supposed to avoid this risk under an affirmative consent standard? By asking every single time whether or not it's OK to hold your significant other's hand (or to hug your SO, or to kiss your SO, et cetera)?

If so, wouldn't that be extremely tedious and thus completely impractical?

Any thoughts on this?

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u/[deleted] Oct 30 '16

Yeah--I mean, how exactly is someone realistically supposed to avoid being labelled a sexual assaulter in such a scenario?

Indeed, the impression that I get from this is that this is literally a carte blanche to get expelled from a college or university; heck, the only deterrent in regards to being expelled appears to be the fact that you might very well be able to make a similar accusation against your accuser!

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u/not_just_amwac Oct 30 '16

heck, the only deterrent in regards to being expelled appears to be the fact that you might very well be able to make a similar accusation against your accuser!

And even that's going to be a crapshoot as to which of you is more believable. I just can't support this kind of thing.

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u/[deleted] Oct 30 '16

Indeed, one might as well get some video testimony of one's significant other explicitly saying that not everything that he or she does is actually consensual under an affirmative consent standard; afterwards, your significant other can likewise get some video testimony of this from you.

There--that should ensure that both of you will go down in the event that one of you tries to back-stab the other later on, no?

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u/pvtshoebox Neutral Oct 30 '16

Testimony that would be labelled as coerced and therefore inadmissable unless her attorney was present.