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 the 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 intimacy; 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.