PLEASE NO BITTER COMMENTS, NO BAD ASSUMPTIONS, NO GENDER BASHING

https://www.dw.com/en/europe-rape-law-definition-consent-gisele-pelicot/a-76972748

It is a few months that there is a new EU law regarding consent, simplified into the "only yes means yes" slogan.

I want to preclude any negative thoughts, I am personally completely against rape, I am even against someone just willingly "giving in" for the pleasure of their partner. I understand rape or sexual assault can be a hugely traumatising experience with life-changing far-reaching consequences. I understand the concept of coercion and that indeed rape can happen without physical violence.

But I don't understand how this law works and how it can be implemented. How can we prove that what happened was under consent? Should consent be asked for every single action? i.e. can I kiss you? Should consent be asked for continuing said action? i.e. can I continue kissing you?

Having to prove affirmative consent does go against a major legal concept, where the burden of guilt befalls the accuser - innocent until proven guilty. But now, the innocent person will have to prove their innocence, by having to prove there had been verbal consent after all. How does this work?

Should consent be verbally asked and confirmed with a steady partner as well or is non-verbal communication enough?

There must be some logic behind those ideas, I am honestly interested in understanding how this works.

In my personal life, I have asked sometimes if my partner would like a specific action or thing, I have asked a ton of times if they enjoy the activity or I should change something or stop, I have definitely respected every comment about "wait a little" and reacted to any negative reaction I have perceived. But I have mostly used non verbal communication, especially with my established partners.

But I cannot fathom how it would be to verbally ask consent for every subpart of the sexual activity, as it's non-verbal communication that usually dominates these activities.

Some can be prohibited overall, as they might be considered non-consensual, where as it's the nature of these activities to be unilateral (initiating phone sex with ones partner, ogling ones partner or touching them intimately - I am referencing an established sexual partner)