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Neither men or women are psychic, it two people are together and it's clear that one is pursuing a sexual relationship then it's the obligation of the uninterested party to make their feelings clear. If you allow it to happen with no protest then consent is implied.
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if someone doesn't want something, they need to speak up, cause how else is one to know what is going on in their head? we can't read minds out here seshhhhhh
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Maybe she didn’t communicate a “no” but did she communicate a “yes”? If she never gave affirmation, then its rape. If she did, but did so only because she felt she had to, even though the man had every intention of respecting her, then maybe it’s different
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If by "does not communicate" you mean, at 1 extreme, "went along with it and did not give any body language signs of discomfort/disassociation" then no. At the other- "was roofied and therefore could not speak" then yes. Male.
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There are a lot of variables left out of this question... Was alcohol involved, Did he or she initiate contact, Was she afraid or physically intimidated by him, etc.? Did she literally just lay there and not offer any resistance, or visual/verbal cues that she did not want this?
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The vagueness in the scenario definition allows for "Ugh, fine. Just get it out of your system" sex, which is a healthy part of any marriage... Was genuinely concerned I'd be the only Male|No (social pressure is weird). Wondering now if the Male|Yes felt pressured into that vote
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It is not possible to determine based on the text provided. Whether if the man did wrong or not depends on "consent," NOT desire. There is a difference between "desire" and "consent." Unable to determine consent based on the scenario provided.
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I'm interpreting "does not communicate this" as no outward indication of non-consent. If the woman also didn't outwardly "consent" (ie. she didn't indicate "yes" but also didn't indicate "no"), then it could be sexual assault.