W
Werbenjagermanjensen
Guest
I didn’t think that you would pick an example where the victim didn’t give consent.
I was thinking along the lines of a drunk going home with someone, groggily consenting to sex, and then waking with no recollection of the night before.
Or going out with someone who’s promised you a good duck egg souffle only to find that the souffle is only adequate and they serve you white wine when you really prefer red. But then you go home with them anyway for 15 min of lousy pity sex because the odds that you’ll find anyone else to hang out with on the weekend are now shot and you’ve got nothing better to do.
In both cases the consent is more “meh” than “enthusiastic” but still freely given. Adding a requirement that consent should be enthusiastic just adds confusion.
I was thinking along the lines of a drunk going home with someone, groggily consenting to sex, and then waking with no recollection of the night before.
Or going out with someone who’s promised you a good duck egg souffle only to find that the souffle is only adequate and they serve you white wine when you really prefer red. But then you go home with them anyway for 15 min of lousy pity sex because the odds that you’ll find anyone else to hang out with on the weekend are now shot and you’ve got nothing better to do.
In both cases the consent is more “meh” than “enthusiastic” but still freely given. Adding a requirement that consent should be enthusiastic just adds confusion.