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Isn't taking all reasonable steps to ascertain consent what the affirmative consent thing is all about? Yes. But if you take those steps and still end up bein
by cperciva 11y ago
Isn't taking all reasonable steps to ascertain consent what the affirmative consent thing is all about?
Yes. But if you take those steps and still end up being mistaken -- to take a deliberately bizarre hypothetical, suppose you're in bed with someone who has a brain tumour causing them to say "yes" when they mean "no" -- then you might believe that you have that consent when the "experience of the victim" is that they did not consent.