Say that you and your partner thought it would be fun to engage in a little erotic asphyxiation. You're pretty sure that she said a little dildo-anal action was okay, but now she kind of... passed out. You can't wake her up and have her officially consent to anal fun-time, so do you go ahead with it anyway?
Sure you do.
And everything's fine. But then you have a fight with her 2 months later and, you guessed it, now she says it was non-consensual. You go to court; lose. You appeal; win. Now the case is before the Supreme Court of Canada! (How 'bout that, eh?)
The court is now going to have to decide whether a passed-out woman from voluntary erotic asphyxiation could have given consent to having a dildo shoved up her butt.
Who says the law is boring?
How do you rule? I'm going with innocent here; they were dating, they were having sex, she agreed to be choked out. I'm sorry- you're saying that she had a "line" somewhere that was crossed? Huh?
Shreves out.
PS Article
Guilty. Bottom-line: If I am passed out, asleep, whatever...I am unable to give consent. Your argument essentially says that a woman is obligated to have sex with a man, just because she has before, whether she wants to or not.
ReplyDeleteI realize she was passed out "voluntarily," but that is irrelevant, in my book. He could have and should have waited. I don't care how long they had been dating, having sex, choking out, if she was not awake/aware she was not giving consent.
I'd have thought the anal would have been going on during the choking, no? Hmmmm. I don't really know much about it what with never having consented to being choked. Probably shouldn't have done it after though should he. I don't think I'd appreciate it.
ReplyDeleteThere was a point and time in Canada where the Surpreme Court held that men couldn't be convicted of sexually assualting or raping their wives.
ReplyDeleteThe case isn't about sexual assault, its about real communicated actual consent. Even though they agreed before hand what they planned to do, the dispute is whether consent can remain when one party loses consciousness.
By their approach, even a kiss from a spouse as they're leaving for work to their sleeping partner could be a criminal act.... sigh.
Ok. I agree that the man was out of line to commence the anal probe if there was no clearly defined agreement before cutting off the air supply.
ReplyDeleteHowever, it is obvious that this is really a case of vegence and manipulation.
If, Sleeping Beauty had awoken to a unfamiliar ache in the nether regions and was less than pleased with Prince Charming, why did it take two months (after all evidence is hopefully washed away) before calling in the calvary? (Side note: just pictured a mountie riding to the rescue of a dildo torture S&M freak - wow, my mind wanders.)
Right. I would agree with each point of view, depending on other unknown facts. Had they done this before? Did she explicitly say beforehand to do or not do it? Was there willful injury? Did she talk about it right afterwards or was it only a problem 2 months later? How big was the dildo? Did you know that they don't make brown dildos? Why?
ReplyDeleteLots of questions. Lots.
PS has anyone been voluntarily choked-out for fun during sex? Sounds hot.