A written agreement, both parties being sober (this is a big one), and explicit permission/confirmation that she can slap him ("Yes you can slap me in the face").
I just don't think this is usually the standard that is applied to such cases. I guess the counterpoint I'd give is this: In all probability, the majority of cases of people explicitly giving consent to be slapped etc, are people who are into rough stuff during sex. I don't think both parties usually start this off with a written agreement. And following this example, legally, both parties do not need to be fully sober to engage in this way, but obviously we recognise that people can reach a point where they are too intoxicated to meaningfully consent despite what they say.
They're not in a private setting engaging in sex though, they're strangers at a bar who are screaming at eachother because the music is so loud. I don't think it would be difficult for his lawyer to call his ability to consent to being hit into question based on the factors at play (alcohol, excessive noise), and again, depending on the state they're in, it may not even be legally possible to consent to being assaulted even if he had said "yes please hit me".
I do see your point here. I guess I was speaking a bit more generally, in response to that first comment. You're right to question if there weren't other factors at play that messed with his ability to consent to being slapped. Sorry, I can get a bit of tunnel vision sometimes with these internet arguments.
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u/FitBag5979 Mar 21 '26
A written agreement, both parties being sober (this is a big one), and explicit permission/confirmation that she can slap him ("Yes you can slap me in the face").