Husband charge with sexual assualt...

[_BullDog_]

...for having sex with sleeping wife.

Okay this was a story on the local news site. The poll on that site said 25% of the people felt that being married automatical gave the guy consent ot have sex. I thought that was odd so I;m going to do an AO poll to see how it comes out.



Oh and google the story if you want to read it.

[Listerine]

His best defense would be to claim that she slept throughout. But what man would want to admit that?

[remilard]

good for her

[llcooljabe]

IF you made this poll private, you may have seen different results. IF there are people who agree with the 20% in the other poll, they won't admit it after your post.

[urysohn]

I think you left out a rather important part of the story:

An arrest affidavit stated that the woman reported being awaken about 30 times over the last year to find her husband having sex or oral sex with her.

[mlschop]

I think you left out a rather important part of the story:

wow...that's pretty disturbing...

[remilard]

I voted for the first option. I think he obviously should have gotten consent before having sex with her the first time while she was asleep. If he had done it once and she said she didn't like it and he never did it again, however, I don't think that quite seems criminal to me.

ETA: better justification for why I picked the first option.
say a woman is pretty drunk and
a. you just met her
b. she is your wife and you have had sex drunk before and she never had a problem with it

So I think that in certain situations there can be an implicit consent within a marriage but that certainly doesn't apply to people who are unconscious or when a person has said they don't like the activity in the past.

[Fun King ded]

always get consent

[johnny storm]

Didn't read the story.

In a marriage, there's sort of an assumed consent. I pretty much assume my so is good to go, unless she says no. As opposed to some random woman I meet who I assume the answer's no until she says yes. If she objected to the other times he did this, then he shouldn't have. If she never objected before, then the consent was implied. If you don't want to do something that you've done in the past, then you should say so.

[The Sad Man]

Sexsomnia cannot be a crime.

[_BullDog_]

Sexsomnia cannot be a crime.

It is only sexsomnia if the husband was asleep.

[Maine-iac]

There's got to be more going on here. Under the scant description of events in this thread, it would seem far more reasonable to leave the guy than to have him arrested. And it would seem reasonable to do the leaving prior to the thirtieth episode.

[Klaymen]

I only thought for a second and voted NO, but I don't really agree with that wholeheartedly. It seems premature to slap on an assualt charge, it's not like she was being injured. On the other hand, I think there are some major marital issues here - what they need is counseling or something. I would say that if steps are taken and the problem doesn't go away, then YES.

[Klaymen]

The guy could allege implied consent by saying that his wife had allowed this many times in the past when she was asleep. Of course, if she someone remained asleep the whole time, can this really be considered consent? However, I'd have to be knocked unconscious [or drunk?] to not realize someone was doing this to me.

[_BullDog_]

After 25 votes we are realy close to the sites survey.

after Percentage of 26557 Votes

the site had
option 1 - 44%
option 2 - 30%
option 3 - 24%

[Actuary321]

What did you google to get the article?

[Dr T Non-Fan]

A little counseling might help. Otherwise, divorce court. I don't see why authorities have to get involved.

[_BullDog_]

What did you google to get the article?

google this

Man Who Had Sex With Sleeping Wife Charged

[Incredible Hulctuary]

Yes in this case because she said she didn't like it. But I would have preferred that she didn't bring the cops into it.

In the absence of objections, I would say marriage implies consent.

Men regularly "stand at attention" while sleeping. I don't think a wife should be charged with sexual assault for taking advantage of that, unless the husband objected during or before.

[Happy Conservative]

google this

Man Who Had Sex With Sleeping Wife Charged

This is what I got


It’s happened again. There’s a new case of a man accused of intentionally exposing others to HIV. This time, a father-in-law reported the man to police, making it the third case of intentional HIV exposure in three weeks.

Dewayne Boyd is behind bars charged with criminal transmission of HIV, the virus that causes AIDS. Authorities believe between August 1st and August 10th, the 31-year-old had sexual intercourse three times with one woman. But that’s not the whole story. Investigators learned about the case through Boyd’s father-in-law, who says his daughter suffers from the virus too.

He’s the man accused of intentionally exposing at least one woman to HIV. Michael Locascio says, “Take a good look at his picture, because this man is dangerous.”

Michael Locascio is Dewayne Boyd’s father-in-law. He says, “My daughter was diagnosed with HIV and it turned out that her present husband gave it to her. And he never notified her. He’d known about it since 1991 and they got married in November of last year.”

[Happy Conservative]

Republican Sex scandals (http://www.dkosopedia.com/wiki/Republican_Sex_Scandals) :lol:

[Lucy]

There must be something more to this. What kind of a husband keeps doing this if his wife objects? What kind of wife doesn't make it clear if she objects? What kind of wife stays with the guy after she's made it clear she doesn't like it and he keeps doing it? Maybe there's a reason the cops need to be involved. Maybe she's crazy and making it up. Maybe he's threatened her with violence. All we can really tell from this story is that there's a problem with this marriage.

I don't like the poll questions because they are all true. There is an implied level of consent within a marriage, unless your spouse objects - it's okay to reach across the bed and touch your spouse in ways you wouldn't touch other people. You should get consent each time (probably non-verbal, but unambiguous). And of course he's wrong to continue of his wife objected.

[Mare15]

I went with option 2, but I don't mean he needs to get consent everytime as in before he starts everytime he needs to ask if she's okay with it. I mean it more as I think she should be in a position to say no if she wants to before he initiates.

[Listerine]

There must be something more to this. What kind of a husband keeps doing this if his wife objects? What kind of wife doesn't make it clear if she objects? What kind of wife stays with the guy after she's made it clear she doesn't like it and he keeps doing it? Maybe there's a reason the cops need to be involved. Maybe she's crazy and making it up. Maybe he's threatened her with violence.

Or maybe, regardless of why she stayed with him up to now, somebody in the criminal/legal system recognized that this behavior constitutes sexual assault, which is illegal.

[_BullDog_]

There must be something more to this. What kind of a husband keeps doing this if his wife objects? What kind of wife doesn't make it clear if she objects? What kind of wife stays with the guy after she's made it clear she doesn't like it and he keeps doing it? Maybe there's a reason the cops need to be involved. Maybe she's crazy and making it up. Maybe he's threatened her with violence. All we can really tell from this story is that there's a problem with this marriage.

I don't like the poll questions because they are all true. There is an implied level of consent within a marriage, unless your spouse objects - it's okay to reach across the bed and touch your spouse in ways you wouldn't touch other people. You should get consent each time (probably non-verbal, but unambiguous). And of course he's wrong to continue of his wife objected.

I used the same questions that the site used, I was just wondering if the AO population had any simularity to the sites population.

[CNN]

Given the disgusting themes of this forum recently, this seems appropriate to recirculate.

[Browncoat]

It's too bad they took away the reef, or several of the threads today would doubtless be there.

Oh, wait. . .

[abwoc]

I know this is all "blame the victim", but maybe she should start wearing pajama pants to bed, you know? Also, lay off the Wild Turkey before bedtime and you won't be such a heavy sleeper.