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Involuntary communication of consent.

Re: Involuntary communication of consent.

Postby shootist » Thu Aug 31, 2017 9:49 am

dls wrote:The dangers here are evidenced by the title of the thread which actually refers to someone who does consent, but imformed teh otehr party of that consent without intending that communication -an example miht be a couple roleplaying a rape.


I think you have that wrong.

From the OP.
where someone says that they consented to something when in fact they did not actually consent.


What about this for a quickly thought up scenario that is therefore not very good?

Two boxers, A and B engage in a lawful bout. They both consent to the relatively minor injuries they inflict upon each other. The fight then goes heavily one sided and, due to an incompetent or sadistic referee, A begins to beat the crap out of B, The fight is not stopped and B's injuries get worst, to the point where he would not be allowed to consent to them even if he assured the referee that he was going to turn the fight around in the next couple of rounds.

That might be a possible example?
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Re: Involuntary communication of consent.

Postby atticus » Thu Aug 31, 2017 9:52 am

more likely that would result in a claim against the referee, who might even be prosecuted; there have been such claims.
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Re: Involuntary communication of consent.

Postby shootist » Thu Aug 31, 2017 11:34 am

atticus wrote:more likely that would result in a claim against the referee, who might even be prosecuted; there have been such claims.


I was thinking more of criminal law. A might raise a defence that B continually getting up from the canvas, or not laying down on it meant B was consenting when in fact he was too puddled by the beating to be capable of consenting.
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Re: Involuntary communication of consent.

Postby dls » Fri Sep 01, 2017 4:04 pm

My reference and criticism was of the title of the thread. I was pointing out how easy it is in these situations to say something, as it were, unintended.
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Re: Involuntary communication of consent.

Postby megaman » Fri Sep 22, 2017 5:24 pm

dls wrote:My reference and criticism was of the title of the thread. I was pointing out how easy it is in these situations to say something, as it were, unintended.


are you aware of any case law which covers a situation where consent was claimed to have existed because something was said unintentionally by someone?
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Re: Involuntary communication of consent.

Postby megaman » Fri Sep 22, 2017 7:07 pm

is anyone able to provide any case law which covers what it means for a "reasonable belief" in consent to exist?
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