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Implied consent in marriage

If a woman is in fear of her husband and is saying “yes” when she doesn’t want to have sex to avoid getting hurt, there are much larger problems at play than “implied” or “verbal” consent…and neither implied nor verbal consent are the answer to the problem.
In this case, I am more looking at the reasons/claims as to why the consent should be explicit, as opposed to what the actual situation is. Hell, Some of these people would claim assault even if I have prior verbal consent to wake her with sex, that it is still rape because she doesn't have the change to withdraw it.
 
In this case, I am more looking at the reasons/claims as to why the consent should be explicit, as opposed to what the actual situation is. Hell, Some of these people would claim assault even if I have prior verbal consent to wake her with sex, that it is still rape because she doesn't have the change to withdraw it.
Sounds like a you problem then, not a societal one.

Make better choices in the people you have intimate relationships/want to have intimate relationships with. And maybe pay more attention to non-verbal clues.
 
Then come down from the cheap seats, drop the anecdotal arguments, and tell us why you think there is or is not such a thing as implied consent.
Did it occur to you that maybe I am on the fence about this one, and am looking for opinions and reasons to decide my own position? Also I never gave an anecdotal argument towards either position. You made the claim that the idea did not come from woman and I pointed out that a woman is indeed the one who presented me with the idea first. That's not an anecdotal argument towards either position. You're just pissed that a woman actually came up with the idea on her own.
 
The question before you is, is there an implied consent to sex when a couple enters into marriage. This is intended to be in both directions, so anyone who only takes it in the direct of the woman is trolling, especially since this question also applies to same sex marriages.

Now with this question, comes the understanding that if there is such an implied consent, either party can withdraw it at any time. "not tonight, dear" is a valid withdrawal of consent. "You've pissed me off! It'll be a month before I will want sex with you" is a valid withdrawal of consent.

The question of implied consent is not supposed to indicate that either party can't withdrawal consent, but that neither party needs to seek consent each and every time for each activity. This also assumes that no other specified conditions were agreed upon. Naturally, if one says that the other has to ask prior every time and the other accepts that, sure. But outside of agreed upon conditions, does the implied consent exist?
Verbal consent? Not needed. Me asking can be...we're laying in bed, I have my arm over her, then I decided to play with her nipples before heading south. And her saying no is as simple as rolling over.

No one just sticks it in, johny on the spot. There's always some kissing, massaging, something.
 
Did it occur to you that maybe I am on the fence about this one, and am looking for opinions and reasons to decide my own position? Also I never gave an anecdotal argument towards either position. You made the claim that the idea did not come from woman and I pointed out that a woman is indeed the one who presented me with the idea first. That's not an anecdotal argument towards either position. You're just pissed that a woman actually came up with the idea on her own.

No, I am calling you out from not having a position on this but enjoying ripping into others for theirs. It is called sitting up in the cheap seats.

I made it clear, I do not think implied consent is anything but a made up term. Makes no different to me if we are talking about a woman or a man claiming it does.
 
I would agree with implied consent with the understanding that it could be withdrawn at any time by either party.

I also am of a mindset that spouses should not say no to one another. Call me silly, but when EITHER one says “I’m horny”, you may want to take one for the team….
 
Sounds like a you problem then, not a societal one.

Make better choices in the people you have intimate relationships/want to have intimate relationships with. And maybe pay more attention to non-verbal clues.
Not a problem for me personally. Being part of the BDSM and Poly communities, communication and consent are foundation level concepts. Not that everything we do is obviously consented to by outsiders, but that's their problem, not ours. A concept does not have to affect me directly for me to have an opinion or wish to explore it. I could honestly come up with dozens of arguments for both side of the argument. But I am still interested in what others think and why. Who knows, someone might come up with something I never thought of.
 
Verbal consent? Not needed. Me asking can be...we're laying in bed, I have my arm over her, then I decided to play with her nipples before heading south. And her saying no is as simple as rolling over.

No one just sticks it in, johny on the spot. There's always some kissing, massaging, something.
No one outside BDSM, true. And even within, there is always prior consent.

But the question is based on the idea of the claims of late that consent needs to be explicit, even within a marriage.
 
No, I am calling you out from not having a position on this but enjoying ripping into others for theirs. It is called sitting up in the cheap seats.

I made it clear, I do not think implied consent is anything but a made up term. Makes no different to me if we are talking about a woman or a man claiming it does.
I'm not ripping into others for their opinions on the matter, just asking questions. The only ripping I have done is where people are either saying things I already said as if they counter something, or are trying to make something that can happen with any sex/gender combination into something that only men do. Slamming that type of misconstruing of my OP can happen regardless of which side of the issue I am on. I mean early on someone said no implied consent can't exist because they have to have the ability to not give or withdraw consent, even though I specifically said that implied consent does not mean an inability to withdraw consent.
 
Not a problem for me personally. Being part of the BDSM and Poly communities, communication and consent are foundation level concepts. Not that everything we do is obviously consented to by outsiders, but that's their problem, not ours. A concept does not have to affect me directly for me to have an opinion or wish to explore it. I could honestly come up with dozens of arguments for both side of the argument. But I am still interested in what others think and why. Who knows, someone might come up with something I never thought of.

No one outside BDSM, true. And even within, there is always prior consent.

But the question is based on the idea of the claims of late that consent needs to be explicit, even within a marriage.
I would imagine that BDSM and poly relationships are different than a typical marriage.

My husband knows me - more than a decade of being together - so explicit consent isn’t necessary.

Our marriage is based on an incredibly strong foundation and trust. He would never violate that trust. He would never hurt me. He literally lives his life every single day to do the best for our family that he possibly can, in every action he takes.

With that sort of foundation, there is no need for this topic at all.

So I really don’t know how to answer the question about “marriages”. I think the answer is going to be different based on every relationship. And there are relationships where the people in them are incredibly selfish.
 
I would agree with implied consent with the understanding that it could be withdrawn at any time by either party.

I also am of a mindset that spouses should not say no to one another. Call me silly, but when EITHER one says “I’m horny”, you may want to take one for the team….
One spouse should recognize that another spouse may not be in the mood and not force that spouse to “take one for the team”.

What a silly concept.
 
No one outside BDSM, true. And even within, there is always prior consent.

But the question is based on the idea of the claims of late that consent needs to be explicit, even within a marriage.
Her spreading her legs and pulling down her underwear is pretty explicit.

What group is making this claim?
 
One spouse should recognize that another spouse may not be in the mood and not force that spouse to “take one for the team”.

What a silly concept.

The point is to do it for the other party involved. It is not an issue of force, but wanting to please the person you are in love with.

Sorry if that is a silly concept…
 
The question before you is, is there an implied consent to sex when a couple enters into marriage.
I wouldn't say so. I think there is a default expectation that a marriage will include some form of sexual aspect but exactly when, how, how often and how it would be initiated would still need to be agreed by the people involved and it is perfectly possible and valid that they agree that is never (from the start or at any point in the marriage).

I don't think the fact of legal marriage makes any difference to the question of consent in any individual situation but the nature of any long term romantic/sexual relationship is likely to have practical consequences. Romantic partners might routinely wake each other up with some romantic "heavy petting" (that is really difficult to describe within the forum rules :) ) and even if the response was a "Not now!", I don't think anyone would consider it inappropriate, certainly not illegal. Doing the same the morning after a one-night stand could be pushing the line. Doing it to someone you've never had any kind of romantic or sexual relationship with would be right out.

So put simply, there can (and often will) be a level of "implied consent" within a relationship but it doesn't automatically come from marriage, it comes from a clear understanding and agreement between the people involved (or at least it should - when that discussion isn't had is often when problems start).
 
That would be implied consent, would it not? Isn't the current claim that consent must be explicit and not implied? That one can not assume that cooperation is consent because the person might be scared to not cooperate let (s)he be hurt by the person for being rejected/denied? That a lack of "no" or physical resistance does not mean "yes"?

That hasn't been my claim. But cooperation because you're afraid of being hurt is not consent - that sounds like more of a hostage situation. No one is saying you have to get spoken explicit consent, but if you're having sex with someone that isn't resisting because they're scared, that's not consent.
 
But isn't that the argument for the current level of getting consent? Isn't the call out there that we shouldn't assume that a lack of "no" or resistance means "yes"? Is it not the claim, especially in the context of wives being raped by husbands, that she might not resist or say "no" simply because she fears to and that it is rape because of that? That she might even cooperate in order to not get further hurt? Is not that the purpose behind the explicit consent demand currently out there?
If you are in a regular intimate relationship it is different than the first time with someone. My BF knows by my non-verbal and sometimes auditory response if I am interested. I know the same about him.

If any woman fears being raped by her partner because they refuse to take no for an answer then she is in the wrong relationship.
 
Which is still irrelevant to the topic at hand. While it certainly can be grounds for divorce, sex or consummation is not required by the law. A lack of such doesn't change the legal status of the relationship. The question is about whether the consent to sex within a marriage is implied by the fact that they are married, regardless of whether that consent is acted upon or not.
That a person can legally apply for divorce on the fact that a partner failed to have sex with them. Would suggest a legal requirement to have sex.
The question is only does the particular individual want to divorce, not whether they have a right to a divorce.
Which is the basis of any marriage. Which is what the couple or triple or any number wants to do. Not what any law says they must do.
 
Her spreading her legs and pulling down her underwear is pretty explicit.

What group is making this claim?
Not according to the ones who are making the claims. One woman was at a protest nude save for shorts and tape over her nipples (and maybe shoes) with the words on her torso, "Still not asking for it".

 
Not according to the ones who are making the claims. One woman was at a protest nude save for shorts and tape over her nipples (and maybe shoes) with the words on her torso, "Still not asking for it".


This just gets us to a very old bad taste joke.
The best way for a women to prevent rape is by just saying the word yes.
 
That hasn't been my claim. But cooperation because you're afraid of being hurt is not consent - that sounds like more of a hostage situation. No one is saying you have to get spoken explicit consent, but if you're having sex with someone that isn't resisting because they're scared, that's not consent.
It's the claim of those wanting explicit consent ...I'm sorry, Explicit Enthusiastic Consent each and every time, even in marriage.
 
If you are in a regular intimate relationship it is different than the first time with someone. My BF knows by my non-verbal and sometimes auditory response if I am interested. I know the same about him.

If any woman fears being raped by her partner because they refuse to take no for an answer then she is in the wrong relationship.
I agree, but that doesn't really touch on the topic. One would hope that by the time you marry it's a regular intimate relationship. KNowing your cues is still not an excuse for not getting consent though is it? Would you let a man get away with the excuse of cues? "I didn't rape her. She was giving me all the cues. Her dress, her flirting, nuzzling up to me. She never said 'no' or 'stop', for which I would have stopped." Serious? You would let that go?
 
That a person can legally apply for divorce on the fact that a partner failed to have sex with them. Would suggest a legal requirement to have sex.
The question is only does the particular individual want to divorce, not whether they have a right to a divorce.
Which is the basis of any marriage. Which is what the couple or triple or any number wants to do. Not what any law says they must do.

But the question is not whether or not sex happened. It's whether the consent is there or not. The consent can be present and the sex never happens. These are two different things. It could be that he consents to sex when she asks, but does nothing active and just lays there for her to straddle and get her rocks off. She doesn't bother because he's not working with her. Consent present, sex not happening.
 
Consent is not implied.
Why not? Can not two people get to know each other that they need not be explicit in expressing their consent? Thus the consent is implicit or implied? Who are you to tell me that I can not have implied consent with my wives and GF's?
 
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