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[–] 47 points 3 weeks ago* (last edited 3 weeks ago) (10 children)

"Once consciousness is lost, consent cannot be given or verified."

Well, yeah no shit. Consent before engagement is consent understanding the potential consequences. Not giving consent prior to losing consciousness is typically called rape. It's late and I'm tired so correct me if I'm wrong.

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  • [–] 6 points 3 weeks ago (6 children)

    Normally, sure. But these days, legalese can turn it into implied consent depending on court, judge, jury, accused and accuser. It's circumstantial and there will be arguers for both cases. So it won't be a clear win in every case.

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  • [–] 9 points 3 weeks ago (5 children)

    (just in case, I didn't read much past the statement in my first comment) I interpreted that sentence as an in-the-moment situation, leaving judgement and biases out. If someone dies from breath play with unwritten/unrecorded consent there's (typically) one other person present and no recordings, so it's their word against the defense.

    There's plenty of times where someone has been choked during sexual interaction, didn't give consent, and never speaks of it again. Some cases (unfortunately) don't stop there.

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  • [–] 2 points 2 weeks ago (4 children)

    You can't consent to being killed, of course

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