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View Diary: Sex with Someone Who's Sleeping is Rape (104 comments)

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  •  Yes, it is, jsmall99. (1+ / 0-)
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    In most jurisdictions, there are no exceptions to "sex while sleeping is rape".  Period.  Doesn't matter if you're dating, doesn't matter if you're married, doesn't matter if once upon a time they said it's okay.  And it's there for a reason, because if they ever change their mind (for example, you get in a fight one night or whatnot), and you do it, you're suddenly f*ing an unwilling person.

    Criminality is based on what the perpetrator knew at the time of the crime (doesn't matter if they "forgive you afterwards" or "let it continue" or even "enjoy it" - the post-facto is irrelevant).  When it comes to rape, the standard in most jurisdictions is not "no means no", but "yes means yes".  And a sleeping person cannot say or otherwise indicate yes.

    For an extreme case, google "R. v. J.A."

    You are both morally and legally wrong and the diarist is correct.

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