It is illegal to engage in sexual intercourse with an individual who is unable to give their consent, such as when they are unconscious from alcohol or drugs or from a medical condition or other reason. Courts do not look lightly upon those who take sexual advantage of persons who are unconscious and unable to knowingly give their consent. It is always wise to take caution: if the person does not knowingly and consciously give their permission, refrain entirely from sexual conduct. Rape, Abuse and Incest National Network. California Penal Code, Rape.
I was asleep or unconscious when it happened – does that mean it isn’t rape? | Umbrella
Consent must always be active, voluntary, ongoing and contemporaneous with the sexual act. In a decision, the Supreme Court of Canada agreed. When a woman is unconscious she is not sexually available. This is a simple proposition. And it is uncontroversial.
Treatment at Willow House. Note: This article originally appeared on The Huffington Post. We are conceived, carried, born and die all through our bodies.