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You wouldn't think something like sexual consent would have grey areas, - and, to be honest, there aren't many - but they exist. I suppose the dynamic would be completely different here if one or both of the characters had different genders, or if Max were more physically imposing, but then, that would be a completely different scenario from the word go.

0301-------------------------------------

(Saturday morning, INT: MH's apartment)

JH: Seriously, Max. You did not break into my bedroom and molest me in my sleep.
MH: How do you know? Maybe I did, maybe I didn't. Maybe the medication kept you delirious through the whole thing. Maybe you'll never really know for sure and the possibility of it will haunt you for the rest of your life.
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JH: But you didn't.
MH: It's not like you didn't give me consent. I mean, you came to me. And, if I recall, I said "we're going to have sex, here's how we're going to do it", and you followed my instructions. I never said that the intercourse would exclusively take place the following morning.
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JH: You didn't.
MH: I can be stealthy, when I wanna be. I have a light touch. I could have Febrezed you down afterwards.
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JH: You didn't.
MH: Yeah, okay, fine, I didn't really, but I'm gonna think about it real hard while masturbating tonight and you can't stop me.