• lath@piefed.social
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    5 days ago

    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.

    • ten8tp@reddthat.com
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      5 days ago

      (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.

      • jdr@lemmy.ml
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        5 days ago

        You can’t consent to being killed, of course

          • jdr@lemmy.ml
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            3 days ago

            Not in common law countries at least (except for where they have medical suicide exceptions)

          • jdr@lemmy.ml
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            3 days ago

            If you want to be a pedant about it, that’s typically considered “assisted suicide” or “do not resuscitate”, rather than “killing” which is a bit different.