Consent (again)

Woman files criminal charges after discovering her masseuse is heterosexual

A woman was getting a massage at her gym when the masseuse asked her if she wanted him to massage her butt and breasts. She assumed the masseuse was homosexual, and consented on that basis. There was never any talk of sexuality between the two - she simply thought that since he seemed effeminate he must be gay. Since she believed he would get no sexual gratification out of the massage, she consented to essentially have her breasts and butt fondled.

Well, turns out he's heterosexual after all. Apparently the massage in question can be normal practice. The woman however, filed a criminal complaint of sexual misconduct.

So although she consented, she consented under a certain false belief. A belief that was never substantiated.

This case should be thrown out. She consented, explicitly, verbally, admittedly to these acts. There was no threat, or fear for her physical or emotional well-being if she did not consent. She was not under the influence of any drugs or any alcohol. Whether the man is gay or not is irrelevant. There is also no evidence to suggest his proposal was out of sexual desire, as she believes.

So there are several problems with this charge. One, her stereotyping homosexuality puts her in a bad light. Two, if she felt uncomfortable at all with the situation, she could have said no before or during the massage, without consequence. Three, he explicitly asked if she would like the massage, displaying completely professional behavior. And, of course, four, she explicitly verbally consented to such acts.

There was no assumption of consent. There was no coercion for consent. Willingly consenting to a sexual act, whether that act involves a gay or straight man (or woman) gives that man, or woman, the ability to act. It is only criminal if there is no consent, or if that consent is coerced, or if the person giving the consent is under the influence. This woman has no case whatsoever.

This is a false accusation, and should be treated as such.