There Is No Always Means Yes Or Yes?

1887 Words 8 Pages
A “no” always means no and “yes” always means yes in place of sexual activity between two individuals. Different grounds need to be covered and taken into consideration when examining these situations as there are multiple circumstances that are associated with it. “No” and a “yes” can have many interpretations depending on the situation at that particular time, most are based on assumptions which result in a criminal act of rape.

When dealing with sexual activity a “no” should always mean a no regardless of what the circumstances are. A partner’s refusal to engage in an intercourse or any sexual engagement is their right and should be accepted and respected by the partner. “No” can be verbal or by means of resistance to that activity. Even
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Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator” of consent. It must be understood that even if the accused is under influence of alcohol and not in his senses, it cannot be used as an excuse to neglect the law. Similarly if the victim is under the influence, or incapable of making decisions, or under pressure and influence by an authority figure, not saying “yes” or “no” should be considered a no regardless. Rape should not be considered by force only or by physical domination of the partner. Estrich argues against the force requirement to be considered rape, because if force and pushback from the partner is necessary, then a “no” by a woman will be considered irrelevant or not be taken seriously during the sexual act. The hurdle for a “no” to be taken seriously which Estrich has concluded is that a woman who says “no” may not know what she wants and that “no” is not sincere. Similarly as …show more content…
It is clear indication that when a “no” is present verbally or by physical refusal, it is meant that any activity without the consent of the partner should be considered a rape. Even in both parties are not fully aware of the situation and under the influence, the responsibility is on the accused to make sure the partner is fully aware and in agreement with the activity. “No” obtained through verbal or physical resistance implies a rejection to the sexual activity regardless or any circumstance or past sexual history between the partners. Saying “yes” can mean the partner is okay to perform the sexual acts, however it should be taken into context and the circumstances that lead to that agreement. In the examples of saying “no” under the influence of alcohol and not being able to make a judgment, a “yes” in this case does not necessarily mean the partner has agreed to the activity. It is just a verbal yes without being fully cognizant of the situation potentially. A “yes” in this type of situation cannot be used as a defense for the accused who commits the crime of rape. A partner can say “yes” in the fear of physical threat or emotionally due to the presence of the accused. It normally occurs when a partner is vulnerable in that situation and is afraid of saying “no” due to the physical or emotional fears from the

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