If you’re prone to being triggered, I’ll say right away that this issue revolves around rape. So I’ll keep it below the fold.
I got so excited over this ruling that I immediately had to go pee.
A case reached the Supreme Court of Canada recently, wherein a man was charged with sexual assault. The woman consented to being choked until she passed out, but apparently he went further while she was in that state then he was supposed to. The case brought up the issue of consenting while unconscious. Of course we held our breath and waited for that ruling to come out, but lemme tell you I was worried sick about what would happen.
Well….the ruling was 6-3 AGAINST the idea of “advanced consent”, sending a very strong message that if you have sex with someone while they’re unconscious, IT’S RAPE. Not that we already didn’t know that already. Now, I know some people are going to be like “but MA, what about couples who like a wakey-wakey sexcapade?” Well, I think it’s pretty clear that those with clear consent in their relationships aren’t going to be the ones charging each other. In Canada, you have to take reasonable steps to get consent, and in these kinds of cases it does not apply.
Now, it’s not all sunshine and rainbows, because obviously 3 judges thought that what the man did was totally cool….3 male judges. 3 male judges in favour of decriminalizing “advanced consent”, even when it oversteps the boundaries of what your consent was. The most cringeworthy quote from the linked article was:
The three dissenting justices argued that it would further women’s right to autonomy to create a new doctrine of “advance consent,” so that unconscious women can have “sexual adventures.”
……what the FUCK does that even mean? “Sexual adventures”? Yeah, because my idea of a good time is being like “yes, hon, you can kiss me but that’s it”, passing out, and then waking up knowing I was RAPED. Weeeeeeeee!!! ADVENTURE!!!!! Now excuse me while I throw up in my mouth a little.
The article brings up many good points in regards to the ruling, the idea of consent and how the law of consent works in Canada. It’s nice to see an example of justice going right in regards to sexual assault, and I am thrilled that this precedent will probably help out a lot of women.