Is sex with an unconscious person considered rape in every instance?

A Utah measure seeking to make that legal clarification won early approval in a state legislative committee Tuesday, but some lawmakers qualified their support, questioning whether the law would designate sex with an unconscious spouse as rape.

"If an individual has sex with their wife while she is unconscious ... a prosecutor could then charge that spouse with rape, theoretically," said Rep. Brian Greene, R-Pleasant Grove."That makes sense in a first date scenario, but to me, not where people have a history of years of sexual activity."

Others disagreed. If a person is unconscious, having sex with him or her "is rape. Period. End of story," said Rep. Brian King, D-Salt Lake City. "Let's make the statute clear. Let's not dance around it."

Here's an easy test - If someone can't consent, it's rape

7 Answers

  • 5 years ago
    Favorite Answer

    a man was recently found guilty of drugging his own wife.......and then having sex with her, while she was unconscious.......apparently feeding his need for necrophilia. After she "woke up" a little too soon.....she was horrified to learn her husband was essentially in the middle of sex acts.

    She filed a complaint......and on his computer, they found not one, but DOZENS of films, of him raping her, and doing some pretty unspeakable things..........while she was obviously drugged and passed out.

    Of course it's rape...........even if it's your own wife. She did not consent to any of that.

    he is now in jail, on a number of charges.

  • 5 years ago

    We should ask Bill Cosby, he seems to really love his women unconscious.

    It makes you wonder how desperately insecure the man is if he can only have

    sex with women when they're not aware of his inadequacies.

  • 5 years ago

    Yes, it's rape.

    And to say that there is never rape in a marriage is to illustrate one's ignorance.

  • 5 years ago

    Unless they gave consent beforehand knowingly. There are couples with that kink. I don't get what is so interesting about it, but I wouldn't stop two adults having safe fun.

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  • 5 years ago


  • 5 years ago

    Yes, because they can't give legal consent.

  • 5 years ago

    yes because they aren't aware of whats happening

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