I think only a yes without conscious interaction to benefit a yes is a yes. No flirting, no nothing. Only direct asking. If you feel hesitent to ask, it’s not worth it, because then you don’t put enough trust into that person for them to just say no (either being it due to not knowing this person well enough within the current situation or you expect mockery for such a question).

Didn’t think we’d notice the …

DEAD = YES

Even yes is sketchy and you should probably just go home

“Hesitated yes = no”. Chess players wanna know your location.

wait a tick somethings fucky

You forgot:

WEALTHY = YES (even after the court case)

Money either buys consent, or mutes the victim.