Consent: Is it possible to consent to Sex in Advance of Losing Consciousness

Tuesday 9 November 2010 @ 11.46 a.m. | Legal Research

An article in the Montreal Gazette reports on how the Supreme of Canada will soon consider whether an Ottawa woman, who had  "kinky" sex with her longtime partner, was a victim of sexual assault when he  performed sexual acts on her against her will while she was passed out, even though she had agreed to asphyxiation as part of their "kinky" sex. The case is set to "test the sexual autonomy of couples behind closed doors" and also raises the point of whether a person can give consent to sex in "advance"

Needless to say women's groups have indicated that the case could roll back Canada's sex-assault laws at least 20 years pointing out that "a vital part of the meaning of consent is the right to say 'no' at any point".

Should there be a notion of consent in advance?

You can also read more on this story at thestar.com

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