How do you prove affirmative consent?

 

Proving affirmative consent in a Title IX campus sexual misconduct case can be done. Although when people are intimate, they are often in a one on one setting. There may not be witnesses to the actual intimacy. People may have seen what took place previous or subsequent. That's one way that affirmative consent can potentially be proven, by getting witnesses that have seen the parties engaging with their mutual consent, both prior to and even potentially after the alleged incident or the time that the alleged incident took place.

Text messages, for example, between the parties that reflect a positive relationship or no concerns can potentially be submitted as evidence. Other steps can be taken also. Say a forensic or psychosexual evaluation to dispute the complainants claims. So affirmative consent, although difficult to prove it's not impossible. An experienced attorney can help tremendously in presenting a case and should be involved as early as possible in the process.

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