Zarex
Avenger
- Joined
- May 16, 2012
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Because then why not just do everything then? If a couple is sleeping in the same bed after a sexual encounter, and one of them wakes up in the middle of the night for Round 2, and begins to initiate foreplay with their asleep partner, that's unprovoked touching without explicit consent regardless of what happened hours earlier which can be defined as sexual assault.
The sex columnist Dan Savage calls the green light to initiate activity that would be regarded as assault if attempted on anyone outside of an ongoing sexual relationship "implied consent", and varies from couple to couple or triad or quartet or whatever number accurately describes your sphere of sexual partners. No still means no but drunken sexual encounters and midnight fondling is looked much more positively in society (and I would assume in the courts as well) in the context of an ongoing sexual relationship than it would otherwise.