While You Were Sleeping: Sexual Assault Involving Intoxicated or Unconscious ComplainantsUploader: Dir 1 month ago Subscribe 3
Now, if you have a sexual relationship with him, and you've consented to him fingering your vagina in the past, it would not be unreasonable for him to think you might like to be woken up that way. This case law on section 75 2 of the Sexual Offences Act reinforces concerns with respect to the difficulties of proof in cases involving sleeping or unconscious partners. The accused testified that he and N had consensual vaginal sex and denied having anal sex, although he had earlier provided a statement to the police that he had both vaginal and anal sex with N. Clinical tests may also be utilized for further study. Hours later, I woke up to the distinct feeling of being touched. The Court did not mention R v JA and the legal inability to consent to sexual activity that occurs during unconsciousness, which one would have thought to be relevant on these facts.