Justice Janet Simmons, writing for the appeal court majority, said "permitting a person to consent in advance to sexual activity expected to occur while unconscious or asleep is entirely consistent with the principles of human dignity and autonomy".

stemgang · 2010-03-27T05:27:58+00:00

"'Where a person consents in advance to sexual activity expected to occur while unconscious and does not change their mind, I fail to see how the Crown can prove lack of consent,' Simmons said, with Justice Russell Juriansz agreeing."

"As for J.A.’s spouse, she changed her story after she took the witness stand. She originally went to police and gave a videotaped statement complaining he had assaulted her without her consent while she was unconscious.

In court later, she said she had consented to the acts and that she went to police because she was angry with J.A. because she believed he was going to leave her and seek custody of their 2-year-old son."

stemgang · 2010-03-27T04:16:13+00:00

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cryptogirl · 2010-03-27T16:24:13+00:00

Excellent decision! I'm going to try this with my husband :)

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