These stories are both credible. They might even both be true. When the guy relates the story here to his family, to his frat brothers, he’s not going to sound like a rapist, because he didn’t think he was trying to assault her, and she never actually said no. He just thought this is how sex happens โ it takes some convincing. But the point of affirmative consent laws is to deal with this situation: to make certain that a “yes” is actually offered somewhere along the way. This isn’t, by any means, a call for convicting innocent people; it’s a call to recognize that ambiguity isn’t the same as innocence, even if the aggressor didn’t think they were assaulting anyone. It’s a call, in other words, for an affirmative consent standard.
Source: vox.com
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