I personally think that the problem is if it's applied within the state and people call upon the power of the state to enforce consent as a felt sense. I am wary of applying this in the context of the state, as such ambiguous policing of sex has more often than not been used to punish queer or otherwise marginalized people.

Having said that, I will say that this concept helped me heal a few years ago when I first ran across it. It was therapeutic and I think it could be a powerful tool toward dismantling patriarchal notions of sex. And, as you said, it's something to consider in non-legalistic models.