Furthermore judging either of these two as engaging in sexual assault is not a neutral or innocent act. It is invasive and damaging to your victims. As well as slandering their reputation the act of giving that label implies the need for and potentially causes a direct punishment and restriction of freedom.

Well I'm no fan of the criminal justice system either, but I'm trying to keep this on the topic of sexuality; if my anarchist leanings come into the conversation we'll be here all week. :p

But anyway, please see my comment here. A person can nonverbally express their desires, and a person can correctly pick up on that expression and act upon it, but they can also incorrectly interpret the signals they're getting. I'm saying that mistakes, although still rare, happen a lot more often than you'd think, and the consequences are serious enough that this is not an ethically acceptable position to take with a new partner. You need to ask.