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.
Gotta be a parrot head.
A man calls police and says, "I think my wife has died"
The cop says, "what do you mean you THINK she has died?"
Man say, "well, the sex is the same but the dishes are starting to pile up".
At a VERY nice restaurant. ;-)
I expect it won't be sufficient to dine this evening at any place where they have pictures of the entrées on the menu.
Hey.....That's not your wife buddy......
Good point. When my buddies I was living with passed out I'd drag 'em up to their room and dump 'em in their bed to sleep it off. I don't seem to have the "sadistic a-hole" streak in me that a lot of guys do.
Haw, haw.
Damn! Now what am I going to do?
LOL!
Well, as long as falling asleep right afterward is still ok ...
Yeah. I have no tolerance for that as well. People misjudge and make mistakes. If my buddy passed out, I would make sure they had to step over my prostrated body to get to him.
He did that for me on several occasions when we were in the Navy together, and it is one of the reasons I trust him implicitly. I know he will do the right thing.
Obscure, yes...but it goes with the pictures.
ROLL ON THE FLOOR LAUGHING MY F* A* OFF UNTIL I PISS MY PANTS!!!!!!!
Hence, the Chris Farley clip...:)
LOL...
OK, it's the only way I could reply to this thread without getting a slap to the back o' my head.
:O(
Bwahahahahahaha!
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