Originally Posted by SchrodingersCat
The analogy I always use is this: You walk in to a store, grab a candy bar, and say to the clerk "I'm going to take this without paying" and the clerk says "no, you're not allowed" and then you take the candy bar without paying for it. It doesn't matter that you told him, the clerk didn't give you permission to have it for free. So it's still stealing.
I think the analogy doesn't work well because a person does not own another person's sex.
I think a better analogy is playing a game of poker. You start off and agree to the rules (5 card stud) and then play by those rules. You cheat if you break a rule.
In this case, it sounds more like they are negotiating which rules of poker they will play. So it is not cheating until they agree to the rules of the game.