Top Court rule against "advance consent"

[Xtrema]

http://www.torontosun.com/2011/05/27...vanced-consent

OTTAWA - In a split decision, Canada’s top court ruled Friday a person cannot give advanced consent to sexual activity that takes place while unconscious, overturning an earlier Ontario appeals court judgment.

In the ruling, the Supreme Court argued the criminal code defines consent as requiring a conscious, operating mind throughout sexual activity.

In 2007, the woman consented to being choked by the man and was rendered unconscious, so called erotic asphyxiation. She woke up to being anally penetrated with a dildo by J.A. - an act she later claimed she hadn’t agreed to.

[chkolny541]

http://www.the-spearhead.com/2010/11...vance-consent/



I think this quote nails it

The feminist goal of classifying all heterosexual sex as rape is nearing fruition. Perhaps at some point in the future, the term “sex” will no longer be used to describe coitus, but rather it will all be known as “rape,” at which point all sex will be criminalized.

[davidI]

I get where the woman is coming from on this one. Not sure why dude would be anally probing an unconscious chick with a dildo.

In any event, one question about this is how it applies to surgeries. Does consent to the surgery while conscious become nullified once unconscious? It wouldn't make sense at all - it would be interesting to see the actual judgement to determine the qualifiers...

[93VR6]

Originally posted by davidI
why dude would be anally probing an unconscious chick with a dildo.

Excellent question

[YCB]

Originally posted by 93VR6


Excellent question

Because she wouldn't let him do it when she was conscious ?

[CMW403]

Originally posted by YCB


Because she wouldn't let him do it when she was conscious ?

I think the point he's trying to convey here is that any other normal man would be using his dick, not her plastic one.

[davidI]

Originally posted by CMW403


I think the point he's trying to convey here is that any other normal man would be using his dick, not her plastic one.

[schocker]

Oh ctv has a better version
http://calgary.ctv.ca/servlet/an/loc...ub=CalgaryHome

During the incident in question, the courts heard that she did indeed pass out for approximately three minutes. When she regained consciousness, she was bound and being anally penetrated.

The object was removed ten seconds later, at which point the couple proceeded to have intercourse. Her hands were freed after they finished.

Then, two months later, the woman reported to police that her partner had violated her while she was bound and unconscious. She later testfied that she had consented to the choking and the sexual acts.

very confused

[clem24]

Originally posted by schocker
Oh ctv has a better version
http://calgary.ctv.ca/servlet/an/loc...ub=CalgaryHome

very confused

Here's my take.

Apparently, they have a 2 year old together. They split. He's trying to get custody of the kid. So if she can get him convicted as a sex offender, she wins.

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.

[Xtrema]

Originally posted by clem24


Here's my take.

Apparently, they have a 2 year old together. They split. He's trying to get custody of the kid. So if she can get him convicted as a sex offender, she wins.

Fuck, really? Link?

[derpderp]

Originally posted by clem24


Here's my take.

Apparently, they have a 2 year old together. They split. He's trying to get custody of the kid. So if she can get him convicted as a sex offender, she wins.

[clem24]

Originally posted by Xtrema


Fuck, really? Link?

http://www.google.com/hostednews/can...?docId=6974263

That's where the quote is from, about 12 paragraphs down. She complained 2 months afterward and only after he wanted custody of their kid. This one fact, by itself, would've been enough for me to determine that this act was indeed consensual and that she's just a (clever) manipulating bitch. She knows the law is on her side.

What the guy really needed was a better lawyer. Too late for that.

[DonJuan]

What an epic kniving bitch!

Lol funny that after as soon as she passes out the first thing the guy wants to do is shove a Mr Big in her ass. LOL

Maybe thats why shes pissed at him.

[Unknown303]

And this is why you should always secretly record all of your sexual encounters.