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Sleeping sex ruled illegal
Calgary Sun ^ | 8-24-06 | Kevin Martin

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.


TOPICS: Canada; Culture/Society; Foreign Affairs
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1 posted on 08/25/2006 11:40:02 AM PDT by Snickering Hound
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To: Snickering Hound

What if both people are sleeping?

**cough**

I know people this has happened to. =)


2 posted on 08/25/2006 11:41:56 AM PDT by KoRn
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To: Snickering Hound
Sex with a passed-out partner isn't OK even if they consented prior to losing consciousness,

oh great...there goes my weekend

3 posted on 08/25/2006 11:41:57 AM PDT by wallcrawlr
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To: Snickering Hound
So I've got to finish before my partner falls asleep? That doesn't seem very fair or considerate to me.

Owl_Eagle

If what I just wrote made you sad or angry,
it was probably just a joke.

4 posted on 08/25/2006 11:42:01 AM PDT by End Times Sentinel (In Memory of my Dear Friend Henry Lee II)
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To: Snickering Hound

I wonder if you gave your consent in a notarized statement if it would be ok?


5 posted on 08/25/2006 11:42:32 AM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Snickering Hound

Oh, dang, I can't have sex in Alberta anymore. :)


6 posted on 08/25/2006 11:42:53 AM PDT by fatnotlazy
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To: Millee
Relax, this is a Canadian legal decision.
7 posted on 08/25/2006 11:43:39 AM PDT by Mike Bates (Irish Alzheimer's victim: I only remember the grudges.)
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To: KoRn
What if both people are sleeping?

Then they raped one another and need stiff sentences.
8 posted on 08/25/2006 11:43:39 AM PDT by TrebleRebel
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To: fatnotlazy
Oh, dang, I can't have sex in Alberta anymore. :)

As long as Alberta is awake you can.

9 posted on 08/25/2006 11:43:55 AM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Snickering Hound
It's kind of weird that this sort of thing is at the level of the courts.

What is this "partner" thing as well?

We're in a weird zone here in western society.

10 posted on 08/25/2006 11:44:05 AM PDT by tallhappy (Juntos Podemos!)
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To: Snickering Hound

I think if she's falling asleep during the act you have more to worry about than breaking the law...


11 posted on 08/25/2006 11:44:08 AM PDT by BJClinton (What happens on Free Republic, stays on Google.)
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To: fatnotlazy

"Oh, dang, I can't have sex in Alberta anymore."

Alberta said she not going to be missing much.


12 posted on 08/25/2006 11:44:45 AM PDT by Rb ver. 2.0
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To: BJClinton

Getting kinda personal now, aren't you? :)


13 posted on 08/25/2006 11:45:05 AM PDT by Mike Bates (Irish Alzheimer's victim: I only remember the grudges.)
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To: Snickering Hound
The woman "consented" to doing two guys in a car before she passed out?? Did she say that in court?
14 posted on 08/25/2006 11:45:41 AM PDT by colorado tanker
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To: Snickering Hound

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).


15 posted on 08/25/2006 11:45:51 AM PDT by andy58-in-nh
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To: Snickering Hound
a driver spotted them on a downtown street fondling the breasts of a passed out woman.

16 posted on 08/25/2006 11:46:12 AM PDT by evets (beer)
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To: Snickering Hound

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.


17 posted on 08/25/2006 11:46:12 AM PDT by tallhappy (Juntos Podemos!)
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To: Owl_Eagle
So I've got to finish before my partner falls asleep? That doesn't seem very fair or considerate to me.

You mean she has to finish before I go to sleep?

Man! Am I ever going to be tired at work the next day.

18 posted on 08/25/2006 11:46:39 AM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: Owl_Eagle

If they can't stay awake while you're doing it,
maybe you need to change your technique.


19 posted on 08/25/2006 11:46:48 AM PDT by najida (The internet is for kids grown up-- Where else could you have 10,000 imaginary friends?)
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To: Owl_Eagle

A riding crop will keep things humming.


20 posted on 08/25/2006 11:48:12 AM PDT by Eric in the Ozarks (BTUs are my Beat.)
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