What to Consider to Determine Consent
Posted on Mar 22, 2011 3:25pm PDT
Your military defense lawyer should consider the following to determine consent:
1.
What did the PV (purported victim) SAY to the accused before, during, or after the event?
- Yes (or no)
- Please do (or don't)
- I like (don't like) that
- Sounds of pleasure (or displeasure)
2.
What did the PV do DURING the event?
Removed her clothing or assisted the accused in doing so.
- Removed the accused’s clothing or assisted in doing so.
- Tried to retrieve clothing.
- Hide under a blanket or somewhere in room.
- Tried to leave the room.
- Yelled or screamed.
- Scratch, bite, claw, hit, spit, twist, run away, hide, push, etc.
- Locked herself in a room.
-
Rolled over (to discontinue contact or because of sexual preference?)
3. Did the setting of the event suggest ROMANCE?
-
General concept: Women want or expect romance before intimate Men don’t need romance.
- Look for romance by her (she is considering intimacy).
- Look for romance from him (a signal interested in intimacy which the PV should quash if not interested).
- Romance factors:
- Flowers, gifts, candles, time of day, alcohol, sex toys, speech, cuddling, back rubs, location, in bed or other comfortable location, after dinner.
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