No. It's really not.BRex21 said:Where did you hear this? Consent is entirely external it is literally voicing your approval.
You don't have say anything to deny consent. Very simple.
Bullshit. Stop reading legal documents from the 70s.BRex21 said:There are two forms of consent, expressed and implied. both require the person to outwardly show their approval.
Section 74 of the Sexual Offences Act 2003. Consent occurs when a person "agrees by choice, and has the freedom and capacity to make that choice". Nothing to do with vocalization.BRex21 said:Virtually every law was made with this definition and virtually every dictionary uses this definition. I honestly looked and found absolutely no one who uses your definition, i have to assume you made it up.
Also, dictionary definition:
Acceptance or approval of what is planned or done by another; acquiescence.
Now look up acquiescence.
1) I'm not talking about a pleasure response or an orgasm, neither is an indication of consent or even of enjoyment.BRex21 said:If a woman is engaged in sex she would have to actively focus to stay still, hitting certain areas will cause movement in the hips, thrusting, moaning all that stuff a woman does when she is enjoying sex.
2) Even if I was, the vast majority of women do not find penetration alone particularly pleasurable or stimulating. The primary female sex organ is the clitoris, not the vagina, and penetration causes very little clitoral stimulation (unless you get the angle exactly right). 'Thrusting' is actually less likely to have anything to do with the level of enjoyment, and more to do with trying to get clitoral stimulation.
This is why a vibrator is better than you will ever be.
3) You know what does make people move autonomically? Pain and discomfort.
Moaning isn't what we're talking about. People occasionally have orgasms when they get raped, it's a physiological response to the vagina having to lubricate itself very rapidly. noone cares about 'moaning' or any of the bullshit you think I'm talking about, and its very existence as an autonomic function excludes it from definition.BRex21 said:The steps leading up to sex make a much better indicator of willingness, as you can make make a sleeping girl moan, but you cant make one drag you into the bedroom and jump on top of you.
Okay.. okay.. this isn't getting anywhere, so let's go back to current British law rather than the social theory behind it. In order to convict someone of rape in the UK, it needs to be demonstrated that they did not reasonably believe that their victim consented.
Despite its problems, this is far more acceptable than what you're suggesting and has not been protested by Slutwalk primarily because it isn't seen as part of the definition of consent. Even if an attacker does reasonably believe their partner has consented and feels she has actively validated that (for reasons the court agrees with), it says nothing as to whether she actually did consent. It is an entirely separate judgement, as it should be.
A lack of consent does not need to be acted upon to not exist.
Incidentally, part of the definition of whether belief is 'reasonable' is whether the defendent actively took any steps to ascertain whether the victim consented, so before you leap on this as justification for your position, it's a very different thing from what you're proposing. It is absolutely not the Morgan defence. If there is any kind of grey area, the impetus is very much on the person doing the penetrating to actively establish consent. This is true in most modern legal systems, and is probably the biggest step in the history of rape legislation reform in recent years.
What you're effectively saying is that noone has any right to decide whether you can stick your penis inside them if they agreed to do something else which you arbitrarily think is related. It's a vile argument, if you continue to make it I'm just going to write you off as a misogynist and move on hoping to god that you never, ever get put in the position where you actually have to deal with this stuff.
And you want me to believe you actually read any legal definitions of consent when you're coming out with crap like that?BRex21 said:Its not irrelevant, if people witness consent being given immediately before the people go off to have sex, and the woman goes along with sex after giving verbal consent, it is a very good argument that she gave consent.
You can't give consent preemptively. If someone sticks their cock in you and you don't like you are under absolutely no obligation to go through with anything because of what you said half an hour ago that you would want to. Once again, I'm genuinely revolted and sincerely hope you never get put in this situation.
No, it isn't.BRex21 said:Marrying someone is not agreeing to go have sex with them, stating that you would like to go have sex with them is, huge difference.
It's not a contract. What you do with your vagina is not determined by what you said you would do half an hour previously. To argue otherwise is getting close to being the most genuinely revolting argument I've ever heard on this forum.
I have a masters degree in gender studies specializing in sexuality issues. If there's one thing I can claim, it's that I know what heteronormative means.BRex21 said:I'm going with you don't know what hetero-normative means, unless of course you are saying that homosexuals don't engage in foreplay before sex then I guess the word makes sense, but otherwise its just a thinly veiled attempt to accuse me of being a homophobe, when in fact you are the only one who has brought up anything to do with homosexuality.
Again, look at the words I've bolded and think very hard.
I'll give you a clue.. what's the difference between those two words?
If you're going to use those statistics, research them first.BRex21 said:Because courts are not infallible. According to the innocence project more than half of false convictions exonerated are for rape and some 60% are due to proprietorial misconduct. some of these,mostly in the USA, cant get out of prison even after exculpatory evidence is revealed, google Robert Harkins if you don't believe me.
Look up the definition of a 'false' charge in rape cases. Look up the proportion of 'false' rape charges in rape cases which name an assailant. Also note that in a crime with an extremely high attrition rate, false charges are inevitable.
Do you want some examples of the kind of cases which form the majority of false charges (according to research commissioned by the British government)?
Who said anything about public? 'Witnesses' does not mean public.BRex21 said:I find this pretty hard to believe, this would mean that there are multiple recent cases where a rapist viciously attacked a victim in public in front of multiple witnesses without anyone thinking they should interfere or call the police.
I'm not giving you the specifics of the case because the victim died recently and I can't trust myself not to get myself suspended if you were to say something disrespectful about it. But don't assume anything.
That's not how the law works, and you know it.BRex21 said:Its probably because the judge took the word of the victim, despite the fact that she changed her story multiple times and was contradicted by eye witnesses who largely included her friends. There was no evidence, but he felt bad for her, so he handed a token sentence to the guy using snippets of the victims various testimony.
If there was no evidence then a slap on the wrist conviction is as insulting to the victim as it is to the seriousness of the crime. Sentencing for rape deserves to be handled on better grounds than pity.
We cannot judge people based on whether the judge feels sorry for them, because too many outside factors influence that emotion. Low conviction rates are acceptable if they contain no element of judgement, which increasingly they don't (a very welcome trend). Scaling the severity of a crime based on emotions like pity reduces the process to a judgement on the 'reality' of the situation, as opposed to the very acceptable grounds of whether there is enough evidence to convict a crime.