4 ms·

See my response here: https://news.ycombinator.com/item?id=7989180 https://news.ycombinator.com/item?id=7989180 Yes, it is more nuanced than an on/off switch,

• dllthomas 12y ago
  Omitting using a condom when your partner has established that they do not consent to sex without a condom is not consensual sex. This is tremendously different than your email example, because this 1) happens in advance of any acts (we're not retroactively making anything rape), and 2) condom use has manifestly significant consequences as to the safety and consequences of the act (so is very much something that should be impacting whether someone consents). Depending on the nature of the email, the circumstances, and intents at the time, I'm not sure that I would say that situation could never be rape, but there is oodles of room for that to not be rape and this to still be.