That's one of the boldest claims I've read this year.
If that's a distinction without a difference, as you say, then whenever someone says something they must understand the full contextual meaning of those words and all of their consequences, such that any harmful consequences can be assumed to be deliberate, right?
if saying == understanding, then why don't we allow children and teens to vote? Why do we limit who can enter into contractual agreements? Why does intoxicated consent not count? Why do we have the insanity defense in criminal trials? Why is psychosis a psychiatric disorder and not just an alternative way of perceiving the world?