A little commentary on Destiny's recent discussion of consent.
This is true.
Destiny's claim in court is that Pxie did not object to him sending the video to "anyone".
"Not objecting" to something really only matters when you are presented with it.
Imagine the below conversation:
Destiny: "I can't wait to get home and show this video to Melina"
Pxie: "She's going to love it!"
This hypothetical conversation is a fair example of *implied* consent in the way that Destiny is viewing it. She hasn't explicitly said the words "I give you permission", but you can assume given the context of this conversation that Pxie is okay with him showing the video to Melina.
In that conversation, it would be fair to say that Pxie did not object to him showing the video to Melina, because there was something there for her to object to. The suggestion had been made and she implicitly consented to him doing it.
In the above conversation, however, it is also true that Pxie did not object to him sharing it with anyone else. This is an unfair interpretation of the idea of "not objecting" to something. It is also true that in that conversation, Pxie did not object to Destiny roundhouse kicking her in the head.
It is possible to imply consent, but you need to be informed and you need to be presented with it as a suggestion. Most importantly, this only works if you have not given explicit non-consent previously, because this now needs to be withdrawn.
The problem for Destiny is that Pxie DID start out with explicit non-consent.
The video of Pxie is of her face the entire time and she is easily identifiable in the video, so it would fall under the umbrella of "having sex" that Pxie had explicitly asked him to keep private between them.
She claims that she explicitly withdrew this non-consent with regards to Melina. Both parties agree on this as Destiny also claims to have told her that he would share it with Melina.
Destiny is then taking this explicit consent to share with Melina, and using it to override her explicit non-consent for sharing it with anyone else.
I cannot stress enough that the person he sent it to was practically a stranger to him. We also know that she was a fan, so could have easily identified Pxie.
This is similar to someone saying:
"You aren't allowed to have any of my money."
A few months later this person gives you 5 dollars.
You cannot use this as permission to take their life savings without their knowledge.
Furthermore, I'd like to point out that a higher degree of affirmative consent is required in this scenario than during sex.
During sex, both parties are aware of the situation and either party can withdraw consent at any time to end the sexual encounter.
Sharing videos typically happens without the express and immediate knowledge of one party. Consent is given in advance of anything being sent. Once the video has been sent it is a permanent record that can be saved, downloaded, recorded, etc.
As it stands right now, Destiny is throwing out random quotes about consent being confusing in his chat, with the hopes of it muddying the waters.
This is completely irrelevant to the conversation, but serves as a smokebomb to show that consent can be complicated, therefore "how can he be to blame?"
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To quickly address the claims of Pxie sending the videos to her boyfriend without explicit consent.
Forgetting the fact that this information had already been in the court documents for quite a while, Destiny mentions that he and Pxie had "conversations" regarding the sending of it to her boyfriend, and that it was implied/expected that she would send it.
The nature of these conversations is important, obviously, though even if Pxie sent the videos without any level of consent, given that he only found this out recently it couldn't have had any impact on his justification to send the videos to anyone else.
I will say however, there is an argument for Pxie demonstrating an implied consent for Destiny to send it to anyone. If Destiny can provide any evidence that Pxie sent the videos to other random people, this would be better evidence towards the idea that Pxie understood that there was consent to share it with strangers you'd never met. As it stands right now it only furthers to support the idea that she consented to Destiny sending it to Melina (his equivalent to her boyfriend), and nothing more.
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