Well, body language clearly indicating disinterest or resistance should count as "no" to anyone who is remotely 'reasonable.' One partner suddenly going immobile and doing nothing, for example. That does not normally happen when someone is consenting to sex.TheHammer wrote:Don't get me wrong, I take issue with "Yes means Yes" in how its interpreted at present. Its far too ambiguous, and I don't believe that the accused should have the burden of proof placed upon them that the accuser said "Yes" hard enough. I happen to believe that while you certainly should get that first "Yes", that it remains in effect until if and when they say "No"... But I suppose that's too reasonable...
That is an issue, especially since the amount of alcohol required to be "too drunk" is a matter of opinion. And since the amount of alcohol required to put a given person at a given level of intoxication is... a matter of fact, but a highly variable one.In any event, the bigger issue to me is that if some have their way, you can't even take "Yes" to mean "Yes" if the parties have been drinking. You could be doing everything right in terms of obtaining "consistent consent" or whatever the expectation is, and find it retroactively invalidated based on whether the other party decides that in hindsight they were too drunk to make that decision.
Look, that's your second "lol bitter nerds" wisecrack in a week.Frank the Tank wrote:If I didn't know better, I'd think the people taking the harsh stand were bitter and perhaps a bit envious of people having drunken hookups. Of course, this being SDNet, there's certainly NO WAY that emotions are coloring anyone's viewpoints. I'm sure a fact-based response will be forthcoming any minute now.
As it happens I have literally zero experience with drunken hookups, and for that matter any kind of real social drinking... but as a matter of basic common sense, there's a serious problem caused when our concept of "Doing X while Y is the case is a very serious crime" when the question of "is Y the case" is a matter of some person's opinion, not of measurable or observable facts that can be known to an outside party.