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> Not objecting is the same as saying no effectively. You need active positive consent to be safe. Very few countries have such laws. In most Western countries
by DominikR 11y ago
> Not objecting is the same as saying no effectively. You need active positive consent to be safe.
Very few countries have such laws. In most Western countries sexual intercourse without objection between two adults that are capable of consenting/objecting (no abuse of authority, no threat, no force) will not be regarded as rape.
This would be a very extreme definition of rape, because when you think about it, who would actually commit the rape if both persons did not object? Did both persons rape each other?
- cperciva 11y agoDid both persons rape each other? Legally, yes. The same applies if both persons are too intoxicated to be able to consent; and in some states without "romeo and juliet" laws, if two underage persons have sex. Of course, it's up to prosecutors in such circumstances to decide whether to prosecute none, one, or both parties...