More that some of you should read from the trial...
4 minutes ago
The issue of ‘valid consent’
Kate Dubinski
WARNING: This post contains graphic details.
Even if E.M. made comments to the effect of, “‘Someone come f–ck me,’” that doesn’t mean she provided “valid consent” for the specific acts that the men are charged with.
E.M. masturbating on the bed sheet doesn’t communicate consent, Cunningham says.
“Masturbating, like flirting, communicates nothing,” she says.
E.M. testified the men put a bed sheet on the floor of the hotel room and asked her to get on it and put on a masturbation show for them, which she did, as a way to give them what they wanted.
“You cannot infer that because someone is masturbating, they want to perform oral sex or they're willing to have a penis in their vagina,” Cunningham says. “You cannot treat that as a communication of consent to any other sexual act. You just can't. The law does not permit it.”