lol. Imagine a husband arguing to his wife: if you can't tell that I'm cheating on you, what's the point of the distinction of faithful vs. not?
btw--if you'd like to keep the conversation going, email is on my personal webpage in my bio.
Maybe he was cheating before or after, sure, but not during. No court would buy that.
...At least, that's how I interpret 'empirical consequence' - something observable or detectable, at very least in principle. Do you mean something different?
(Right this minute I'm coming from an empiricist framework where acts require consequences. If you're approaching this from a realist or rationalist view -which I suspect-, I'd be interested to hear it!)