Consensual Sexual Acts & Confidentiality Agreement™
Recent court decisions of several states have held that a female partner who initially consents to having sexual intercourse may withdraw her consent at any time during sexual intercourse (i.e. post-penetration withdrawal of consent), and if the male partner fails to stop immediately or continues against her will, he is committing rape or sexual assault. A withdrawal of consent during sexual intercourse effectively nullifies any earlier consent and subjects the male partner to forcible rape or sexual assault charges, if he persists in what has become non-consensual intercourse. The state legislatures and courts have yet to resolve the issue of how soon one must stop or desist when consent is withdrawn during sexual intercourse, so as not to be rape or sexual assault. Moreover, there is a growing trend for juries awarding multi-million dollar awards to careless lovers who expose their partner(s) to sexually transmitted diseases or HIV infection, or for failure to disclose (i.e. sex torts liability).
The crime of rape has been known as the easiest criminal allegation to make by the accuser and the hardest to disprove or defend by the accused. Under state Rape Shield Laws, an accused in today's courtroom is prevented from introducing the prior sexual conduct of the alleged victim on the issue of consent. Being able to prove consent has become a more difficult task for the accused.
Any individual with a significant income, reputation, social status, or portfolio of assets is a high risk target. Celebrities, athletes, rock stars, politicians, public officials, professionals, adult entertainers, the wealthy and the average individual need to protect themselves with a Consensual Sexual Acts & Confidentiality Agreement™.
A Consensual Sexual Acts & Confidentiality Agreement™ may help prevent false allegations of rape or sexual assault and may provide indemnification for civil claims, if signed by the “Consenting Party”. The agreement operates as a written declaration of intent and capacity to participate in specified consensual sexual acts. A Consensual Sexual Acts & Confidentiality Agreement™ may be admissible as relevant evidence of consent. The agreement is designed to keep the “Consenting Party” honest, and to help protect you in the event that the “Consenting Party” argues that the sexual activities were non-consensual after the fact. Because of the “he said-she said” nature of rape or sexual assault prosecutions, an accused may be in a far better position of successfully defending himself in court against allegations of rape or sexual assault and/or civil claims with a Consensual Sexual Acts & Confidentiality Agreement™ than without one. A signed Consensual Sexual Acts & Confidentiality Agreement™ may dissuade police and prosecutors from going forward with rape or sexual assault charges because they know that juries ultimately decide the “he said-she said” cases.
A Consensual Sexual Acts & Confidentiality Agreement™ helps protect both men and women. It helps protect men from manipulative women or women with ulterior motives who may bring false charges of rape or sexual assault and/or civil claims for financial gain, social humiliation or criminal prosecution. It helps protect women from being taken advantage of by manipulative men, by providing prior stipulation of sexual activities in which they wish to participate. The agreement provides a withdrawal of consent out clause with specific instructions for the “Consenting Party”. The agreement requires both parties to disclose any known material facts with respect to his or her health and any known sexually transmitted diseases he or she may have contracted from prior experiences. Finally, the agreement provides for complete confidentiality for those activities.
A Consensual Sexual Acts & Confidentiality Agreement™ is not a resource to avoid statutory rape laws or to commit rape. It is also not a resource to avoid sex laws.
Some people might find it impractical or awkward to present such a document to their partner. However, it may actually spice things up by encouraging open communication. It can ensure that there will be no confusion or misunderstandings between both parties with respect to the sexual activities in which they mutually wish to participate. It can also ensure that there will be no unrealistic expectations between both parties. Better communication can lead to a more enjoyable sexual experience. Of course, you don't have to present every partner with the agreement, the discretion is yours to present on a circumstance-by-circumstance basis.
Americans use contraception to protect themselves from sexually transmitted diseases and unwanted pregnancy, so why not protect themselves from losing their assets, reputation and freedom from false allegations of rape or sexual assault and/or civil claims. Post-penetration withdrawal of consent laws and sex tort liability laws continue to develop. However, there is still a lack of sufficient legal precedent or case law in these two areas of law to provide any clear guidance. Therefore, it is imperative that preventive measures be taken to minimize the risk of allegations of rape or sexual assault and/or civil claims. Your partner's verbal consent may not be sufficient to protect you.
Don't leave things to chance and risk your hard earned livelihood! Get the MOST COMPREHENSIVE and TAMPER RESISTANT consensual sex agreement available! The Consensual Sexual Acts & Confidentiality Agreement™ is created and written by a lawyer.
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