Question 2 about rape and marriage?

It's illegal to "have sex with anyone who is unconscious." They call it technical rape.

That makes perfect sense, protecting the drunks who pass out and the friends who fall asleep in your house, etc etc etc.

However......does that law apply to your wife? Can you get arrested for having sex with your wife in your house, in your bed, after she fell asleep?

Update:

I ask because I know that my fiancee would find it hilarious and hot and would slap a cop trying to arrest me for it

16 Answers

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  • 1 decade ago
    Favorite Answer

    yes it's still rape. however, if your wife doesnt mind she wont call the police on you so it makes the point moot. if she DOES mind well....then its rape in every definition and you could be lookin at some jail time

  • Anonymous
    1 decade ago

    Yes it is still rape! You have no right to sex with your wife if she does not consent and if she is unconscious then she cannot consent. Unless you live in Afghanistan...

    *Unless your wife called the cops then they wouldn't be there arresting you for it. If your wife says it's ok to f*ck her when she's unconscious then it's not rape.

  • 1 decade ago

    yeah, you're pretty much playing with fire. Before you try anything like that, you better have a great understanding with your fiancee that you can do stuff like that to her when she is asleep. Unfortunately, even if she tells you ahead of time that it's ok, she can still change her mind, which means you can still be convicted of rape. Basically, don't do it, unless you trust her 110% that she's cool with it, and will remain cool with it.

  • 1 decade ago

    If she decides to call the cops on you then yes it is very illegal. It's rape if she didn't consent to it. I suggest asking your wife and not Yahoo! Answers users.

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  • 1 decade ago

    As she would be unaware and unable to consent it would be rape, yes.

    If, however, she gave her partner permission to perform the act you mentioned beforehand (i.e. before she went to sleep) or, as others have said, did not feel that it needed to be brought to the attention of law enforcement, then the partner could count himself lucky on account of the crude loophole.

    On the other hand, if the information were to get out, there could be legal repercussions.

  • 1 decade ago

    If your wife slaps a cop, She goes to jail. Oh and I know some guy who had sex with a girl who was dead, He is still in jail. and should be!

  • Anonymous
    1 decade ago

    Yes, she's your wife, not your sexual toy and the fact that she's sleeping doesn't change that. If she asked you to have sex with her while she was sleeping, that's a different story, but I don't think that's what you're asking.

  • 1 decade ago

    depends on the kind of relationship use 2 have some ppl might find that kinky and some ppl would find it offensive

    i think if it was me i wake up and he said we had sex last night i would ask was it good? because i was sleeping i don't remember a thing

    lol

  • 1 decade ago

    It is possible to be raped by your husband, unconscious or not. Rape is when someone has sex with you and you are an unwilling participant.

  • 1 decade ago

    i would say yes if she calls the police but if she is your wife why would she.

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