Your post is a very impressive discussion of the scope of the situation.
However it provides no solution to the dilemma. If consent must be affirmatively given, then how is my wife kissing me on the forehead as she wakes up not a sexual assault? The response that I won’t call the police is not objectively satisfactory. “Don’t kiss me, I’m still mad at you” is something that has been heard thousands of times by…others, yeah, them, not me. 
What John upthread got expelled from college for is not objectively satisfactory. It is a new thing, wholly foreign to our law that was enacted, without putting it in writing, by woke college administrators who swell the student loan debt by their worthless salaries. Let’s at least put it down on paper.