Since the 1980’s we have all become familiar with the phrase “No means no” in relation to rape. In most states that is still the standard for helping determine whether or not a sex act was consensual or rape. Many states, including New York and New Jersey have shifted to a more strict interpretation of consent known as “Affirmative Consent”. Under this standard, it is not enough that someone didn’t say “No”. If they explicitly did not communicate “Yes” then it is rape….period…end of story!
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