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.
Well, guys, we're gonna have to figure out how much alcohol it takes to get a woman to sleep with us without making her pass out. Seems like that gives us about 2/3rds of a drink for an error margin.
We need to send the penis pump judge over there to straighten them out.
When I was in college a girl and I went back to her place after sufficient drinking and a doobie. After getting properly undressed and under the covers, when I was sure I was almost home........ she starts snoring. I locked the door behind me as I left-very disappointed. As if life wasn't already tough enough.
How does the aggrieved partner prove that they were in fact asleep?
If it's like any other the law, the woman's word would be enough, but the man would be laughed at, and told to go home and get some more.
Equality between the sexes don't you know./s
What if the partner falls asleep DURING sex? =^D
I think this goes into case law in Canada. If you don't have permission to touch someone, even your spouse, legally, you are committing assault if you do. Hence, even putting you arm around your wife while she is sleeping (i.e. unable to give consent) is the legal equivalent of walking up to a stranger and punching them in the face. I think it goes back to ultra-liberal feminazis types that believe any male touching of a female is rape in one form or another. THese people get the types of judges they want elected and this is the type of ruling we get stuck with. Heck, some of these types think a legal contract should be signed before sex in order to prove consent was given freely by the woman.
There goes my red neck foreplay move "Honey, u-wake?"
Ah, but given our courts like to reference international law...
I had a girlfriend who used to wake me up with a...well, I'll let you use your imagination, but I will say I was happy throughout most of the day, HEHE.
Oh, Graybeard, you're good, ROFLMAO!!!
Well...in the old 3/33 AR we'd lace boots on the inebriates hands and tickle their noses.
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