My school says no. That is what I inferred from their policy, and what they confirmed to me in a meeting with their Title 9 officer and Vice President of Student Affairs, who decides policy. They claim they most likely would not punishing someone for simply not asking before kissing in a situation I described, but that they would not change their policy because they like having the power to do so if needed and want to motivate students to ask before every kiss. I believe they are chilling free expression, that kissing is a form of expression, that consent to a second similar kiss is implied once consent to a very recent one is given, and that while kissing is not an absolute right, their is no public interest in such a harsh law as affirmative consent. What is your opinion? Should people have to clearly and explicitly communicate everything they plan to do before doing it before consent is recognised? If punishment is given only when one person complains, that is no different than how rape is enforced; police only get involved when someone presses charges. Suppose two people are lying together naked. The guy wants to kiss his way south one inch at a time. My school rules imply he must either ask before each kiss or state exactly how many kisses and where in advance or at least ask if he may kiss her wherever he wants until she says stop. If he asks only once to kiss her and then kisses her a second time without asking, he is responsible for sex misconduct. There is no statute of limitations. She can hold it over his head for later. My school says they would ask her why she waited so long. But I've read about plenty of men being suspended months or years after a kiss. I'm planning to sue over this in federal court seeking injunction not cash, with the goal of greatly limiting affirmative consent rules. Do you think I'm in the right? Do I have a case? I know I have standing to sue under the chilling effect doctrine.
You know what? society is going to hell..... I never asked a girl if I could kiss her I just did and they wanted me too. Consent for a kiss? What a load of crap. If a girl doesn't want you to kiss her she turns her head away.
As fas as a sexual activity is concerned there is no such thing as implied consent, especially on school property.
" Does consent to one kiss imply consent to a second? " no means no, kissing back means consent imo, no one is gonna ruin the mood by getting out consent forms to sign after every kiss .
That is a load of White Folks insane hog wash, only Intellectual White folks will make a law library about how to make love. I think Women should set the rules in a relationship between a Man and a Woman and if a Woman says stop, it is stop etc.....
