What is consent? Do we really ask?

Question

In proving rape, one is about consent, but, do we really ask?
a) Do you want to have sex with me?
b) OK?
c) Meet through Yahoo Adult Fun Section?
How to know whether a women has genuine consent: stupies question ever?

I really dont know. Woman is notoriously fickle.

i.e. before penetration, woman can change, after, no, woman have consent.

Answer 1

When a woman actually says yes. If she is undecided, says she has changed her mind, says no, reacts in way that tells you she is NOT ready, etc.
Even if you are hot and heavy into it, both naked, married, have been together before, are on the verge of actual penetration, or have met at a swingers club, if she says NO, you need to STOP.
Unless you don't have either one of your hands, you can always relieve yourself instead of proceeding and commiting rape.
Each person has the human right to say STOP. It does not make a woman "fickle" to say stop or no. Perhaps it just isn't right at the present time. She has a right to say she does not want to proceed, you do not have a right to proceed without consent.

Answer 2

Consent means two people (or more) deciding together to do
the same thing, at the same time, in the same way, with each
other. Any sexual act that is initiated upon a person without
their consent is against the law and is a violation of District
Policy.

Consent can be a difficult concept to understand thats why most of us wouldn't really ask, but the basic
principle is that every person has a right to personal
sovereignty… in other words every person has the right not to
be acted upon by someone else in a sexual way unless he or
she gives clear permission to do so.

Consent means that you can’t make assumptions about what
your partner does or does not want. Absence of clear
communication means that there is no permission to touch
someone else, not that there is. No means no, but silence also
means no. Silence and passivity do not equal consent. Consent
to one form of sexual activity does not automatically imply
consent to other forms of sexual activity. While engaging in
sexual activity, one person can change their mind and
withdraw consent at any time, as long as that withdrawal is
clearly communicated by the person withdrawing it.
There are circumstances in which even when consent is given,
it is not valid. Consent would be invalid when coerced,
intimidated, threatened, forced, when given by a mentally or
physically incapacitated person (including an intoxicated
person), or when given by a minor. In a sexual encounter when
one person withdraws (stops engaging or touching back), this
may mean that they are uncomfortable with the sexual
activity…..

WOW... I hope that helped,I never thought I had that much knowlege lol ;)

Answer 3

The fact is that consent is shown by how the other person participates.
Rape happens when the aggressor doesn't listen to the person he wants to have sex with. When the other says no or pushes the aggressor away this should show the aggressor that if he doesn't stop he will be raping the other person.
If the person, woman is sharing in hugging, kissing and fondling than she is consenting.
If she is screaming or pushing the aggressor away than it's rape weather it's date rape or an other kind.
Good question though.
Bye.

Answer 4

I've been in situations where I have undressed the woman and she has undressed me and she has changed her mind seconds before penetration. As I do not drink to excess, I can control my feelings and have pulled away from the woman, although such an experience is deeply frustrating. The onus is on the man not to proceed if consent is withdrawn at the very last moment, but women need to realise that if they allow a man to get this far and then withdraw consent, then they could well end up in trouble.

The sex-drive is innate in all of us and is a deep-seated motivation, designed to perpetuate the human race, and the rampant male with an erect penis is obeying strong biological commands. The best action a woman can take is to choose her prospective partner carefully, stay sober, and give no encouragement to acts that she does not wish to take place.

My modus operandum with a woman was:-

1. kiss
2. snog
3. Hand to breasts
4. Hand over the rest of the body
5. Hand to intimate parts
6. Start to remove her clothing.

All this relies upon implied consent. But the male, having got to stage 6, can rapidly be overtaken by the 'old Adam'.

Arranging to have sex is not like taking out a loan! It is often spontaneous, passionate and very deep. These emotive words preclude sober judgement, and this is what makes rape such a difficult offence to judicially try.

To me, rape is where a man or men use physical force to penetrate an obviously unwilling woman. Perhaps we need to define a new offence relating to sexual intercourse when consent is withdrawn at the last moment. English law relies upon proving that the defendent had the mens rea (guilty mind) to commit the offence, and also proving that the act was committed (actus reus). If I have got to a stage where I have undressed a woman and she has undressed me, and we maybe have had oral contact with each other's intimate areas, how can I be said to have decided to force myself upon her? Encouragement by the woman to this extent surely negatives mens rea, but English law has had to become strict on this issue. Surely, the woman must be required to take some responsibility for her actions, if she has allowed things to progress this far?

I have not mentioned rape as it applies to gays, as I am not gay myself (but am far from being homophobic). Perhaps a gay reader would like to put his/her point of view on this very contentious subject.

Answer 5

Consent can be implied. For example, Battery; the actual infliction of physical force. In law a touching can amount to a common law battery, thus does this mean when we get on the train or the bus and people brush pass you they have committed a battery? The answer is no. It is said we implied consent by entering that situation.

Answer 6

i think that in a round abut way we do ask and do get consent from the female problem is thay can change there mind so some how you need to get it in writing i find the best way is to pay for a escourt girls then ther e is no problems

Answer 7

What a stupid question. Consent is implied ifshe doesnt say no or stop, if youre not holding her down, if shes not squirming to get away, and last but not least if she is over the age of consent. Gee, I hope youre just paranoid & not a rapist.

Answer 8

I you are holding her down and she is pushing you away, then it's not consent. If you drugged her or got her drunk and she doesn't know where she is, then it's not consent.

If you are having sex and you don't know that the woman is consenting, then you have problems.

Answer 9

I don't even know where to begin.

No means no and a woman will state it or fight you.

A woman has a right to say no even in the middle of the act.

Answer 10

you don't really ask but you know she is consenting when she plays along as long as you don't force yourself on her provided she is of age