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But if you want to apply this standard in any meaningful way I would think some sort of documentation would be required. If you want to prosecute someone for rape, you have to prove that consent was not given. When two people agree to a legally binding shared activity they agree to a contractual obligation that is enforceable by law. A contract is proof of that agreement and assumes paperwork with negotiations and signatures and wotnot.
Unless I'm missing something anything less would leave us right back at "he said she said".