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.
Yeeeeeeeehaaaw!
I wonder how this would have gone if, instead of fondling her, they had been cleaning out her purse.
Does this mean I have to give the kids back?
mine never falls asleep.. in fact i don't of anyone who can fall asleep in under 30 seconds.
"Then they raped one another and need stiff sentences."
One already administered a stiff sentence.
I have a good rule of thumb...
"Never touch anyone sexually if they are likely to sue you for doing it."
I love the way someone is making the jump from being passed-out to merely sleeping. Did the woman in the case have narcolepsy or something?
SNORT!
Please send me a FReepmail to get on or off this Canada ping list.
LOL!
Is she a FReeper?
You could always ping her.
ROTFLMFAOUIPMP!!!!!!!!!!!!!!!!!!!
Narcolepsy is a serious disease and should never be made fun of..I suffer from it myself and find that I go in and out of..zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
You could always ping her.
No, but she reads my posts, so I have to be very careful. Right dear? (Something tells me we'll be going out to dinner tonight...)
The rule should be...hang around with real friends who will protect you and care for you when you make a mistake...
Not like the people who put dog food in some passed out guy's mouth and nose, and turned a chichauha loose on him.
If someone did this to me...they would spend the rest of their life looking over their shoulder...if they were smart.
But they probably aren't.
You're supposed to be awake during sex? Who knew?
Uh-oh.
I bet you these judges had no sex experience at all. It's all in their minds. What a pity!
What if one is asleep, but acts like they are awake. This has happened before, I'm sure.
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