# Canuck Supreme Court/Do not fondle your sleeping wife's boobs **URL:** \ **Category:** The BBQ Pit\ **Created:** [May 27, 2011, 5:01pm UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446 "2011-05-27T17:01:13Z")\ **Posts on this page:** 20\ **Page:** 5
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [May 29, 2011, 12:32am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/81 "2011-05-29T00:32:34Z")
> [@margin](#): > > God, the degrees to which guys will go to excuse rape. Ah, margin, you and Dio are such self-righteous morons at times. Well, most of the time, for Dio. ---
**Author:** ![Zeriel](https://avatars.discourse-cdn.com/v4/letter/z/58956e/32.png) [@Zeriel](https://boards.straightdope.com/u/Zeriel)\ **Post date:** [May 29, 2011, 12:35am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/82 "2011-05-29T00:35:48Z")
> [@margin](#): > > Vindictive bitch? SHE’s having relationship problems? The guy choked her into unconsciousness! Jesus fuckin’ Christ already. I was under the impression from the article that the choking was consented-to, in the vein of “erotic asphyxiation”. Two serious questions for you: 1. Is there any context (such as BDSM) where one should be allowed to give affirmative consent to a partner to render them unconscious by whatever means? 2. Is is possible to give prior consent to a partner to perform sexual acts on you while you are unconscious (everything from this to “Yes, you can wake me up with oral sex tomorrow.”)? The court’s answers, as I understand the ruling, were “yes” and “never”, respectively. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 29, 2011, 1:07am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/83 "2011-05-29T01:07:50Z")
> [@Zeriel](#): > > I was under the impression from the article that the choking was consented-to, in the vein of “erotic asphyxiation”. > > Two serious questions for you: > > 1. Is there any context (such as BDSM) where one should be allowed to give affirmative consent to a partner to render them unconscious by whatever means? Fuck no. Are you actually serious with this question? > [@](#): > > 1. Is is possible to give prior consent to a partner to perform sexual acts on you while you are unconscious (everything from this to “Yes, you can wake me up with oral sex tomorrow.”)? Asleep is not unconscious. ---
**Author:** ![Uzi](https://avatars.discourse-cdn.com/v4/letter/u/91b2a8/32.png) [@Uzi](https://boards.straightdope.com/u/Uzi)\ **Post date:** [May 29, 2011, 1:21am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/84 "2011-05-29T01:21:11Z")
> [@Diogenes\_the\_Cynic](#): > > Asleep is not unconscious. So, you are saying that the Supreme Court of Canada doesn’t mean asleep only unconscious? How does a person grant consent in either condition? ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 29, 2011, 1:27am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/85 "2011-05-29T01:27:33Z")
A person can easily wake up from sleep and deny position. The attempts to contrive scenarios by which a person could be prosecuted under absurd interpretations of this law are not convincing reasons to make it perfectly legal to choke somebody out and ass rape them. ---
**Author:** ![Uzi](https://avatars.discourse-cdn.com/v4/letter/u/91b2a8/32.png) [@Uzi](https://boards.straightdope.com/u/Uzi)\ **Post date:** [May 29, 2011, 1:32am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/86 "2011-05-29T01:32:11Z")
Are you deliberately being dense? ---
**Author:** ![MichaelEmouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michaelemouse/32/101_2.png) [@MichaelEmouse](https://boards.straightdope.com/u/MichaelEmouse)\ **Post date:** [May 29, 2011, 1:41am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/87 "2011-05-29T01:41:28Z")
> [@Uzi](#): > > Are you deliberately being dense? So, I see that you are new here. I wish to welcome you on behalf of all. ---
**Author:** ![Uzi](https://avatars.discourse-cdn.com/v4/letter/u/91b2a8/32.png) [@Uzi](https://boards.straightdope.com/u/Uzi)\ **Post date:** [May 29, 2011, 1:48am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/88 "2011-05-29T01:48:00Z")
Sometimes you just gotta ask even when you know the answer.:rolleyes: ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 29, 2011, 1:48am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/89 "2011-05-29T01:48:11Z")
Yes, being opposed to ass-raping unconscious victims is considered to be a completely outrageous position around here. ---
**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\ **Post date:** [May 29, 2011, 1:56am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/90 "2011-05-29T01:56:14Z")
> [@Boyo\_Jim](#): > > Do they have a website? I gotta see this! The only place I’ve ever seen “suprise sex” were in lolcat type macros as in “serprize buttsecks!!!” type thing. It’s usually when someone’s in a hilarious position. In other words, a joke. I don’t think anyone would seriously take the notion of rape as “surprise sex!” ---
**Author:** ![Uzi](https://avatars.discourse-cdn.com/v4/letter/u/91b2a8/32.png) [@Uzi](https://boards.straightdope.com/u/Uzi)\ **Post date:** [May 29, 2011, 2:16am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/91 "2011-05-29T02:16:40Z")
> [@Diogenes\_the\_Cynic](#): > > Yes, being opposed to ass-raping unconscious victims is considered to be a completely outrageous position around here. Oh, so you assumed that we are questioning the law because we were for ass-raping unconscious victims? Or, could it be because it makes it illegal - hence against the law, eg something you could be charged with and potentially go to jail for let alone labeled a sex offender - to kiss your partner in the morning on your way to work if they’re still in bed asleep? (The likelihood of it happening isn’t relevant, btw.) Gee, I wonder which one is the reason? ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 29, 2011, 2:20am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/92 "2011-05-29T02:20:58Z")
> [@Guinastasia](#): > > The only place I’ve ever seen “suprise sex” were in lolcat type macros as in “serprize buttsecks!!!” type thing. It’s usually when someone’s in a hilarious position. > > In other words, a joke. I don’t think anyone would seriously take the notion of rape as “surprise sex!” I believe a majority of this board would defend that as a legitimate defense. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 29, 2011, 2:22am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/93 "2011-05-29T02:22:03Z")
> [@Uzi](#): > > Oh, so you assumed that we are questioning the law because we were for ass-raping unconscious victims? Yes. ---
**Author:** ![Steophan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steophan/32/9595_2.png) [@Steophan](https://boards.straightdope.com/u/Steophan)\ **Post date:** [May 29, 2011, 2:30am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/94 "2011-05-29T02:30:17Z")
> [@Diogenes\_the\_Cynic](#): > > Yes, being opposed to ass-raping unconscious victims is considered to be a completely outrageous position around here. Pay attention, you fucking moron. It wasn’t rape, as she agreed to it\*. She agreed to be choked, she agreed to be anally penetrated, she stated outright that the accusation of rape was a lie. There was no rape. You don’t like it? It offends you that some people get off on doing these things? Tough shit. Get over it, and mind your own fucking business. \*If she did not consent, it is of course rape, and should be severely punished. ---
**Author:** ![Uzi](https://avatars.discourse-cdn.com/v4/letter/u/91b2a8/32.png) [@Uzi](https://boards.straightdope.com/u/Uzi)\ **Post date:** [May 29, 2011, 2:32am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/95 "2011-05-29T02:32:55Z")
To DTC: Then I’d suggest you go to your doctor and get a brain scan to find the tumor that is causing you to think that way and have it removed before it does even more damage. ---
**Author:** ![Uzi](https://avatars.discourse-cdn.com/v4/letter/u/91b2a8/32.png) [@Uzi](https://boards.straightdope.com/u/Uzi)\ **Post date:** [May 29, 2011, 2:35am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/96 "2011-05-29T02:35:03Z")
> [@Steophan](#): > > \*If she did not consent, it is of course rape, and should be severely punished. You should have put this in the largest font and sent someone with a stick over to his house to slap him with it. He’d still ignore it, though.:rolleyes: ---
**Author:** ![Steophan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steophan/32/9595_2.png) [@Steophan](https://boards.straightdope.com/u/Steophan)\ **Post date:** [May 29, 2011, 2:38am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/97 "2011-05-29T02:38:29Z")
> [@Uzi](#): > > You should have put this in the largest font and sent someone with a stick over to his house to slap him with it. He’d still ignore it, though.:rolleyes: I’ve long realised he doesn’t pay any attention to what people say to him. The reason I sometimes reply to his posts is in case anyone reads them and thinks that the “expert” actually knows what he’s talking about. ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 29, 2011, 2:45am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/98 "2011-05-29T02:45:31Z")
> [@Steophan](#): > > Pay attention, you fucking moron. It wasn’t rape, as she agreed to it\*. She agreed to be choked, she agreed to be anally penetrated, she stated outright that the accusation of rape was a lie. There was no rape. No she _didn’t_ agree to it, asshole. Fucking inform yourself. She did NOT agree to having a dildo shoved up her ass while she was unconscious. She did not agree to that BEFORE she was unconscious. That particular act was not sometyhing she consented to. It was rape. It doesn’t matter what she said after the fact. She’s also a domestic violence victim, so she was probably afraid to go along with the prosecution. ---
**Author:** ![Otara](https://avatars.discourse-cdn.com/v4/letter/o/a88e4f/32.png) [@Otara](https://boards.straightdope.com/u/Otara)\ **Post date:** [May 29, 2011, 2:45am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/99 "2011-05-29T02:45:32Z")
“she agreed to be anally penetrated” I read the decision and couldnt see anywhere this was agreed as the case. It was more decided as irrelevant, ie even if she did agree ahead of time it didnt matter once she lost consciousness. In the actual case it reads more as she viewed it as something she hadnt consented to and he had decided to do while she was unconscious, which is why she reported it to the police initially, then withdrew the claim as is common in DV cases. If she had simply been making it up for custody issues, a far less complicated story would probably have done the job considering his history. Its more likely she just got scared by how big it was all getting. Otara ---
**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\ **Post date:** [May 29, 2011, 2:47am UTC](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446/100 "2011-05-29T02:47:39Z")
> [@Uzi](#): > > To DTC: Then I’d suggest you go to your doctor and get a brain scan to find the tumor that is causing you to think that way and have it removed before it does even more damage. Maybe I think that way because so many people on this board routinely twist themselves into pretzels trying to defend rape in any and all of its forms (including child rape). [Previous page](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446.md?page=4) [Next page](https://boards.straightdope.com/t/canuck-supreme-court-do-not-fondle-your-sleeping-wifes-boobs/583446.md?page=6)