The Rape

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Donna Rotunno, pictured with Weinstein's arrival at the court of 40 men, has defended the sexual misconduct

Harvey Weinstein 's lawyer accused insisted that she would not be in an Intimate Relationship , without a signed "Declaration of consent". But who would a codified form agreed to in fact Protect - and it would stand up in court?

"If I was A Man today in the world of today, before I engage in sexual behavior with a woman, today, I want to ask you a consent form to sign," attorney Donna Rotunno said the New York Times, the Daily podcast.

If you are not pressed, and added: "Why? Take all the questions out of him. To make it easier for all. "

The 41-year-old said she had not yet put never bothered sexually, because they had to, "[be] in the position".

Ms Rotunno answer with respect to Mr. Weinstein explicitly refer to his accusers, but it reflected his denials.

His persistent defense to five rapes and sexual assault charges - led by Ms Rotunno hinges on the allegation that the manufacturers were the actions consensual, including in a "loving" relationship.

Mr. Weinstein is defending one of More Than 40 men accused of sexual misconduct on the part of Ms Rotunno. In these cases, she has lost only one.

her words, swift moved instruction 'handle' of The Victims ' advocacy groups, who said the "self-serving" comments amounted to victim blame.

The Sopranos actress Annabella Sciorra testified that she was raped by Mr Weinstein

"The Narrative that the ability to avoid rape is to The Victim -control is probably good for your business, but it has no basis in fact," said a spokeswoman for The Rape , abuse and incest National network - the largest anti-sexual violence organization in the United States.

But the comments re-discussion of the efforts to formalise the consent in intimate relationships.

The now-defunct LegalFling app, for example, promised "the #MeToos in #iFlings" by asking the participants to request and obtain explicit consent for specific sexual acts.

"an app that shows clearly The Rules of engagement (rules of engagement, as well as personal preferences, you can remove misunderstandings and to prevent unintended bad situations," said LegalFling on its website.

the Other, We consent, asked the participants to record a 20-second clip, providing video confirmation that you wanted in a sexual act.

These two apps and such as you - not to suggest that the legalization of sexual consent in any way, remains a rarity.

Both indicated that a basis for the legal protection. LegalFling promised, enter the user in a "live contract", in which participants quick access to cease and desist letters, or penalties, whether a contract-place injury.

But such a app, or a notarized consent agreement as proposed by Ms Rotunno, would have minimal legal bearing.

"In theory, it might be a good idea. But in practice, it is simply not feasible," says Karen Truszkowski, Michigan attorney exclusively represents children and young adults, the molested already sexually.

Any kind of legal contract, virtually no further force or effect after one party said contrary to The Contract , Ms Truszkowski. But for all of the sexual encounters, which consent may be withdrawn at any time, rendering such a contract is legally useless.

"would Like to enforce either party to that?" she says. "If someone change their mind, he can't have any kind of activity. "

"There is no protection for the parties, it adds not to the protection of The Victim or the alleged perpetrator," Ms Truszkowski. "I think it is a Misfire . "

A consent agreement could be used, perhaps, to court to speak to a person's state of mind, or throw a Reasonable Doubt claims to be a Prosecutor, said Lori Anne Thomas, Toronto defender.

Electronic records, which could be due to a consensual relationship, either before or after an alleged assault, adding weight to the defence of mistaken belief in consent, She Said . "But it is really not a Proof . "

"It doesn't matter if you have ironclad agreements with two lawyers on both sides: that the person does not continue that behavior," Ms. Thomas said.

And some advocates for victims of sexual violence argue that the emphasis is clear the consent is a distraction from The Real problem: the actions of the perpetrators.

Hear from Ms Rotunno, "what struck me is how deeply ingrained the trope is 'it's your fault,'" said Sharyn Tejani, Director of TIME'S UP Legal Defense Fund, founded in The Wake of the #MeToo movement, specifically with the support of The Victims of sexual harassment.

The insinuation is that "if you had not done X, you would be fine," she continued. "The idea that it will stop somehow on you [The Victim of sexual violence], to it. "

"a Lot of people sign contracts, if you happen to in the workplace and Terrible Things to you," said Ms Tejani. "It is the fault of the person doing it, and The System is to happen that it is allowed. "

Ms Truszkowski's true.

"put the blame on The Victim , or The Victim ," she says.

"Why do we have to keep teaching girls How To say no, if we teach Our Boys should not use the attack on you?"

harvey weinstein, harvey weinstein trial, #metoo campaign, sexual violence, united states, new york city

Source of news: bbc.com