Yes, to be clear to my point so it’s understood where I am coming from, a Marxist feminist critique of the concept of consent, I believe in cases of doubt we should round down, not round up, so to speak. If consent in dubious, we should err on the safe side I believe and discourage such relationships. Whereas a Libertarian-minded person with a binary concept of consent would believe in assuming consent is present unless explicit non-consent was stated.

The most truly correct thing to do would be to have less severe punishments for more minor issues, and more severe punishments for more severe issues, taking into account all these factors. Unfortunately, that’s not really feasible for a legal system of a government to do.