Flirting: now consent to sex

[Minerva]

Oh yeah, and if you don't know you're a rapist, then you can't possibly be a rapist.

http://www.thesudburystar.com/2013/01/1 ... -sex-crown

He was acquitted:

http://www.thesudburystar.com/2013/01/1 ... ed-of-rape

Un fucking believable.

[Dollypeeps]

But he admitted to raping her because he said sorry like that's enough.

So what if she French kissed someone sent suggestive texts that isn't consent for sex.

I despair I really do.

[Minerva]

But he admitted to raping her because he said sorry like that's enough.

So what if she French kissed someone sent suggestive texts that isn't consent for sex.

I despair I really do.

I know, right? Not even that far from me. By Canadian standards of distance, anyway.

[ILoveJellybeans]

Flirting is not consent for sex.

The only consent for sex is "Do you want to have sex with me?" "Yes"

Not being unconcious or too drunk to say no, or giving 5 no's and an "Oh, okay then"

It doesnt matter whether youve never met before, whether you know they like you or have flirted with you, or whether youre in a relationship or married, its still rape if you didnt ask, or they said no.

[2xx1xy1JD]

I willing to bet that the verdict will be appealed, and that the Crown will win on appeal. (Acquittals can be appealed in Canada)

I'd like to know what instructions the judge gave to the jury. While "mistake of fact" is a defense, "mistake of law" is not. In plain English, "I honestly believed that she consented" can be reason for acquittal IF the belief was actually reasonable. "I didn't realize that flirting is not legal consent" or "I didn't realize that people who are so drunk that they have passed out cannot give consent" is not a defense. The Supreme Court of Canada has really been VERY clear that someone who is not conscious cannot consent to sex. The leading sex involves kinky sex play where the couple was engaging in consensual sex and even consensual choking to the point of losing consciousness, but the accused did some new anal stuff while she was unconscious and that was considered to be sexual assault. So, this flirting = consent idea won't fly with the appeal court.

[Minerva]

I willing to bet that the verdict will be appealed, and that the Crown will win on appeal. (Acquittals can be appealed in Canada)

I'd like to know what instructions the judge gave to the jury. While "mistake of fact" is a defense, "mistake of law" is not. In plain English, "I honestly believed that she consented" can be reason for acquittal IF the belief was actually reasonable. "I didn't realize that flirting is not legal consent" or "I didn't realize that people who are so drunk that they have passed out cannot give consent" is not a defense. The Supreme Court of Canada has really been VERY clear that someone who is not conscious cannot consent to sex. The leading sex involves kinky sex play where the couple was engaging in consensual sex and even consensual choking to the point of losing consciousness, but the accused did some new anal stuff while she was unconscious and that was considered to be sexual assault. So, this flirting = consent idea won't fly with the appeal court.

Thank fuck. Thanks for clearing that up, 2xx.