Unconcious Women can't consent to sex

mtgguitar

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Landmark verdict from Ottawa:thumb:

woman-can-t-consent-to-sex-while-unconscious-says-supreme-court

OTTAWA—The Supreme Court says an unconscious woman can't give consent to sex. In a split 6-3 decision, the court today restored the sexual assault conviction of a man who penetrated his female partner with a sex toy in 2007.

The case involves a woman who was choked unconscious by her common-law spouse. When she awoke, she found herself bound and being penetrated.

The woman first told police she did not consent to the asphyxiation and subsequent sexual activity, but she later recanted.

Her evidence at trial was described by the judge as a “typical cross-examination of a recanting complainant in a domestic matter.”

The man was originally convicted at trial of sexual assault but that was overturned by the Ontario Court of Appeal.

Chief Justice Beverley McLachlin, writing for the majority, said a person must be conscious during sexual activity to give consent.

“Our task on this appeal is to determine whether the Criminal Code defines consent as requiring a conscious, operating mind throughout the sexual activity,” she wrote. “I conclude that the code makes it clear that an individual must be conscious throughout the sexual activity in order to provide the requisite consent.

“Parliament requires ongoing, conscious consent to ensure that women and men are not the victims of sexual exploitation and to ensure that individuals engaging in sexual activity are capable of asking their partners to stop at any point. I would therefore allow the appeal and restore the conviction of the respondent.”

Justice Morris Fish, writing for the dissenters, said that the woman consented to the sexual activity leading up to her unconsciousness and the unconsciousness itself.

Fish wrote that the complainant, who can only be identified as K.D. because of a publication ban, “consented to her erotic asphyxiation” by her partner.

“It is undisputed that K.D.'s consent was freely and voluntarily given - in advance and while the conduct was still in progress. Immediately afterward, K.D. had intercourse with J.A., again consensually.”

The woman first complained to police two months after the incident when J.A. threatened to seek sole custody of their two-year-old child. She later recanted, Fish noted.

Fish said the provisions of the Criminal Code that deal with consent to sexual acts are designed to protect women against abuse by others.

“Their mission is not to 'protect' women against themselves by limiting their freedom to determine autonomously when and with whom they will engage in sexual relations of their choice,” Fish wrote.

“Put differently, they aim to safeguard and enhance the sexual autonomy of women and not make choices for them.”

The court did not address the issue whether asphyxiating someone to the point of unconsciousness constitutes causing bodily harm.

The law does not allow someone to consent to bodily harm.
 

Rich

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If Ottawa can come up with these kinds of brainy decisions, then it gives me hope for Washington. :D
 

bertzie

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The woman first told police she did not consent to the asphyxiation and subsequent sexual activity, but she later recanted.

Damn women can't make up their minds!
 

SKATTERBRANE

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What if she passes out from the orgasm, do you have to take it back?
 

mtgguitar

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What if the woman is Amy Winehouse?
 

Scooter2112

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ncaa_dukelax_275.jpg
 

Thumpalumpacus

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In related news, Canada's Parliament has also outlawed blow-up dolls, stating that "we cannot in good conscience permit the ongoing atrocity of organized rape being perpetrated on these voiceless victims."
 

Engel

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“It is undisputed that K.D.'s consent was freely and voluntarily given - in advance and while the conduct was still in progress. Immediately afterward, K.D. had intercourse with J.A., again consensually.”

The woman first complained to police two months after the incident when J.A. threatened to seek sole custody of their two-year-old child. She later recanted, Fish noted.

This says it all right here.
 

mtgguitar

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What if the woman paid for the drinks?:thumb:

How many of us would be here if unconscious sex was outlawed 60 years ago?:hmm:
 

colchar

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Hmmm, so she didn't report anything until she was seeking custody?
 

Ledheadforlife

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Remeber the good ole days, when you just picked a girl out of the crowd, hit her over the head with a wooly mammoth femur, and dragged her off to your cave...
 

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