What is wrong with people?
#62
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The length of the relationship was mentioned simply to point out that, one assumes, those that have been together for some time are likely to act differently than those that have only just met.
I have to admit that I don't ask my wife if it is OK to kiss her when I leave for work each morning. According to the Supreme Court of Canada, if I do this, I am committing a sexual assault, just as I would be if I gave her a cuddle in the middle of the night while she is sleeping.
I am not suggesting it is difficult but I am suggesting that, in reality and in the vast majority of cases, such "question and answer" consent in a long term relationship does not occur. I suggest that one party will initiate something, the other party will either say words to the effect of "not now, I have a headache" or things move forward. That is not consent in accordance with Canadian law.
Clearly, if someone says "no" there can be no argument that there is no consent but, for example, the Canadian law appears to prevent any form of spontaneity at all and, in effect, requires a question and an answer.
Hollywood's spectacle of ripping clothes off, throwing up against walls is outlawed unless one says, "can I rip your clothes off" to wish the answer must be "yes", followed by, "can I throw you up against the wall" to which the answer must be "yes" and so on, and so on. Consent cannot be inferred from the other's apparent willingness to participate.
Edit: I see that others have made similar points which I hadn't read when I posted this.
I have to admit that I don't ask my wife if it is OK to kiss her when I leave for work each morning. According to the Supreme Court of Canada, if I do this, I am committing a sexual assault, just as I would be if I gave her a cuddle in the middle of the night while she is sleeping.
I am not suggesting it is difficult but I am suggesting that, in reality and in the vast majority of cases, such "question and answer" consent in a long term relationship does not occur. I suggest that one party will initiate something, the other party will either say words to the effect of "not now, I have a headache" or things move forward. That is not consent in accordance with Canadian law.
Clearly, if someone says "no" there can be no argument that there is no consent but, for example, the Canadian law appears to prevent any form of spontaneity at all and, in effect, requires a question and an answer.
Hollywood's spectacle of ripping clothes off, throwing up against walls is outlawed unless one says, "can I rip your clothes off" to wish the answer must be "yes", followed by, "can I throw you up against the wall" to which the answer must be "yes" and so on, and so on. Consent cannot be inferred from the other's apparent willingness to participate.
Edit: I see that others have made similar points which I hadn't read when I posted this.
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#63
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It has to be explicit consent communicated. It cannot be inferred from the complainant's actions at all, unless s/he says "yes."
The infamous Judge Camp in the case that hit the headlines stated word to the effect of, "...that may be what the law requires, but it is not the way of the birds and the bees..."
If I am correct, it explains the reason why, in Canada, accused's are normally charged with multiple sexual assaults for the same "incident", e.g., kissing with out consent is one count, touching the other's bum through clothing is another count, removing clothes in another count, touching bare skin is another count, and so on.
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#64
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I do. My husband and I have been together (and happy!) for fifteen years and we both do, we ask before anything, even hugging. Its been the norm with previous partners too, ime.
I don't find it frustrating or interrupting, I find it increases trust and makes it so much more enjoyable.
I don't find it frustrating or interrupting, I find it increases trust and makes it so much more enjoyable.
I would just find it very strange, in a long term relationship.
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#65
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When it comes to being more intimate, of course I'd ask before doing anything, and I have been known to be a little annoying by repeatedly double-checking if they are sure about this.
Once I'm in a relationship with someone, no, I don't tend to ask about kissing and hugging, and hand holding. I just do it.
If I were, for example, to ask my girlfriend "Can I kiss you" when I see her tomorrow, I know with complete and absolute certainty a) she'd say yes b) have an odd look on her face at why I'm asking, c) comment "of course you goof", d) ask me why on earth I'm asking, and d) when I tell her why, she would no doubt laugh and say how silly it is.
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#68
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I used to counsel for the equivalent of Rape Crisis in the country I lived in at the time. It was genuinely horrifying how many women and men telephoned for support as they felt that their partners were violating them. It was even more horrifying the number of those who thought that their partners would be distraught if they knew how they were making them feel. Despite that, they still couldn't/wouldn't talk to their partners about it as "its something they've always done and I liked it before but I don't now" or "I don't want to hurt their feelings, they think they're being romantic and spontaneous" or any other of the myriad of reasons. In many cases its just not as simple as saying no, or not tonight.
I don't ever want my husband to be in that position, the thought makes me feel sick, hence why we always ask.
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#69
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You see for me personally this is when consent is perhaps even more important. Fifteen years down the road my husband still asks every time, and it means the world to me that he does, that he doesn't just feel that he has the right to do what he wants to my body just because we've been together for a while. His respect for me in that way means that he has my absolute trust, and vice versa.
Out of curiosity, what would you do if your husband did hold your hand or give you a peck on the cheek without asking? Would you see it as a complete breakdown in trust and respect?
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You see for me personally this is when consent is perhaps even more important. Fifteen years down the road my husband still asks every time, and it means the world to me that he does, that he doesn't just feel that he has the right to do what he wants to my body just because we've been together for a while. His respect for me in that way means that he has my absolute trust, and vice versa.
I used to counsel for the equivalent of Rape Crisis in the country I lived in at the time. It was genuinely horrifying how many women and men telephoned for support as they felt that their partners were violating them. It was even more horrifying the number of those who thought that their partners would be distraught if they knew how they were making them feel. Despite that, they still couldn't/wouldn't talk to their partners about it as "its something they've always done and I liked it before but I don't now" or "I don't want to hurt their feelings, they think they're being romantic and spontaneous" or any other of the myriad of reasons. In many cases its just not as simple as saying no, or not tonight.
I don't ever want my husband to be in that position, the thought makes me feel sick, hence why we always ask.
I used to counsel for the equivalent of Rape Crisis in the country I lived in at the time. It was genuinely horrifying how many women and men telephoned for support as they felt that their partners were violating them. It was even more horrifying the number of those who thought that their partners would be distraught if they knew how they were making them feel. Despite that, they still couldn't/wouldn't talk to their partners about it as "its something they've always done and I liked it before but I don't now" or "I don't want to hurt their feelings, they think they're being romantic and spontaneous" or any other of the myriad of reasons. In many cases its just not as simple as saying no, or not tonight.
I don't ever want my husband to be in that position, the thought makes me feel sick, hence why we always ask.
Vicar or equivalent - 'You may kiss the bride'
Husband - 'May I kiss you'?
You - 'Yes I consent'
Everyone else thinking 'Oh for f**** sake, just get on with it'!
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#72
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At this point in the thread, the title is more apposite than ever. Good grief.
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#74
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Probably not intended that way, but sounds like there is a hint of a suggestion that I lack respect for my girlfriend. Certainly not true. I do respect my girlfriend, and trust her, and I know, unequivocally, that the same is true from her to myself. If she didn't want me to do something, be it a kiss, hug, or something more intimate, she would make it very clearly known, and I would refrain from continuing.
Out of curiosity, what would you do if your husband did hold your hand or give you a peck on the cheek without asking? Would you see it as a complete breakdown in trust and respect?
Out of curiosity, what would you do if your husband did hold your hand or give you a peck on the cheek without asking? Would you see it as a complete breakdown in trust and respect?
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