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While the question, 'what constitutes saying 'no''? (if not saying, 'no' itself) is a tough one, even tougher is the question, what constitutes 'starting the act'? Answering this question seems to require an excursion into some pretty serious issues in metaphysics (what distinguishes one act or event from a subsequent act or event?) for which the court is undoubtedly ill prepared. And perhaps that could be overlooked, but for the completely obvious nature of the question. How could one fail to see it coming?