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It's the (Rule)!
(lemmy.blahaj.zone)
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this post was submitted on 05 Jul 2024
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Can't prove shit. After the fact there is no way to discern between consent revoked after approval and any other scenario.
The unfortunate truth is no, at least not legally, and regret with consent is not assault.
No, my issue is that adult literacy is like 20%. Once you consent, condom on, you are now in a situation where whatever happens next is virtually impossible to prove, and proof is required to convict. All cases of withdrawn consent leading to an illegal act for any reason have a very high probability of being unable to be prosecuted due to being indistinguishable from a withdrawn consent compliance scenario or a full consent regret scenario, both are legal. The mere fact that initial consent put you into a sexual position means that either party can claim that consent was given at the time which is how you ended up in that situation to begin with... It becomes he said she said, which is a loss.
Yeah. It's a big, painful, complicated, disgusting problem, where law enforcement is a jackhammer, and the crime is a malfunctioning pocketwatch.
In my opinion, in order to make the situation equally unfair and dangerous for everybody, the law should be unfair and straight up just be biased in favour of the party in most statistical danger and least control (the penetrated party).
But that's the "best we can do, given an impossible situation" kind of solution, because the real solution is to deal with society's problems that cause the situation. Preventative rather than reparative treatment. Giving people what they need to be well, rather than depriving and punishing them as much as possible to keep them obedient.
And that goes against what our society is built around ๐