Posted on 08/25/2006 11:40:00 AM PDT by Snickering Hound
Sex with a passed-out partner isn't OK even if they consented prior to losing consciousness, Alberta's top court ruled yesterday.
But in a dissenting opinion that could send the case to the Supreme Court, one judge said the ruling will mean couples can't get amourous while one is asleep.
Justice Carole Conrad said the majority decision by two fellow judges will prohibit one partner from touching another sexually while the other is sleeping.
"It is important to consider the implications of concluding that unconsciousness automatically means a lack of consent," Conrad said in her dissent. "It would mean that a husband, wife or any individual charged with sexual assault for touching a partner sexually while that partner is unconscious could not rely on consent."
In the written decision, Justice Marina Paperny, in handing down the majority ruling, said an Edmonton man who fondled a passed out woman was automatically guilty.
Paperny said because the woman was unconscious, she was no longer capable of providing consent, even if she agreed to the touching before passing out.
Edmontonian Glenn Allan Ashlee and another man were charged Sept. 14, 2003, after a driver spotted them on a downtown street fondling the breasts of a passed out woman.
Both men were originally convicted of a summary conviction offence, but a Queen's Bench overturned the findings of guilty.
The Crown appealed those acquittals, but never served their appeal on the other man.
Because Conrad dissented, Ashlee is automatically entitled to argue his case in the Supreme Court.
What if both people are sleeping?
**cough**
I know people this has happened to. =)
oh great...there goes my weekend
Owl_Eagle
If what I just wrote made you sad or angry,
it was probably just a joke.
I wonder if you gave your consent in a notarized statement if it would be ok?
Oh, dang, I can't have sex in Alberta anymore. :)
As long as Alberta is awake you can.
What is this "partner" thing as well?
We're in a weird zone here in western society.
I think if she's falling asleep during the act you have more to worry about than breaking the law...
"Oh, dang, I can't have sex in Alberta anymore."
Alberta said she not going to be missing much.
Getting kinda personal now, aren't you? :)
Good thing I'm not Canadian. I've been married for 15 years, and if it weren't for unconsciousness, I wouldn't be getting any at all. (Just kidding, honey. Honey? Are you awake? Heh heh heh).
The facts of the case indicate pretty clealry, yeah, these two guys were creepily taking advantage of a passed out woman. Throw the book at em.
You mean she has to finish before I go to sleep?
Man! Am I ever going to be tired at work the next day.
If they can't stay awake while you're doing it,
maybe you need to change your technique.
A riding crop will keep things humming.
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