"If you get raped during the night it's your own fault"

[CptStern]

Scientists have determined that the average 13- to 79-year-old penis is erect for about 90 minutes each night, or 20 percent of overall sleep time. With your brain cycling between the four sleep stages, your "sleep-related erections" appear at 85-minute intervals lasting, on average, 25 minutes.

ok

now for the wtf

Now, you may not think that such tedious biological details would be fodder for a moral quandary, but you underestimate our species’ massive confusion when it comes to understanding how its coveted free will articulates with its genitalia. Consider the case of a young Frenchman whose sleep-related erection was interpreted by another man as a sign of sexual interest but, swore the former, was nothing of the kind. As described by a group of investigators at the Annual Meeting of the French Sleep Research Society in 2001, the 24-year-old heterosexual male awoke to his horror with painful anal lesions. Although he had no conscious recollection of any such incident occurring, this led him to deduce that he must have been raped during the night

What was especially disquieting is that the man’s boss had slept over the night before. The two had earlier been lounging in the pool and roasting together in the sauna. There was absolutely no evidence of date rape drugs, but alcohol, as it so often does in the south of France, flowed with relatively gay abandon that evening, and so the straight employee, being a gentleman, had invited his employer to sleep it off on his sofa while he retired to the mezzanine. Apparently, however, it was the employee that slept particularly hard that night, not the inebriated boss. The older man admitted readily that of course they’d had sex overnight, and he could only assume that his colleague’s erection, combined with the fact that the other didn’t resist as he mounted him, suggested that he was a consensual partner.

While the courts tried to sort it all out, the alleged rapist was imprisoned for two years, until finally a judge decided that both men were more or less right and the accused should be set free.

O_O

http://www.scientificamerican.com/blog/post.cfm?id=sex-sleep-and-the-law-when-nocturna-2011-05-20

 

[Krynn72]

a judge decided that both men were more or less right and the accused should be set free.

What.

 

[Remus]

So that judge thinks it's OK to rape people while they are asleep?

 

[CptStern]

because it wasnt rape in the mind of the rapist; it was consensual. at least according to the judge

 

[Eejit]

Vive la France

 

[BabyHeadCrab]

Wait so you guys don't agree with him?

 

[morgs]

It must've been obvious the guy was asleep, he would have been completely non-responsive.

 

[CptStern]

It must've been obvious the guy was asleep, he would have been completely non-responsive.

that was the rapist's defense; he didnt put up a struggle = consensual. it's in the OP

 

[BabyHeadCrab]

Once my girlfriend accidentally raped me. Sexomnia.

I post-consented.

 

[Darkside55]

he didnt put up a struggle = consensual.

he didn't put up a struggle

French

 

[MuToiD_MaN]

I hope his boss gave him common courtesy.

 

[Maestro]

That took me a moment Mutoid Man.


To barf, I mean.

 

[morgs]

that was the rapist's defense; he didnt put up a struggle = consensual. it's in the OP

Yes, I read that. What I mean is, I can't believe the rapist didn't know he was asleep. Not only would he not have struggled, he wouldn't have reacted at all.

 

[Escaep]

There must've been a misunderstanding at his performance review.

 

[Sulkdodds]

People accused of rape have been acquitted before on the grounds that they wrongly believed consent was given. In one British case, a husband told his friend that his wife loved to roleplay rape and that she wanted to do it with him. If she said "no, no, please! Don't do this! I don't consent to this!" or anything of that nature, the friend was to assume this was part of the roleplay. This actually happened.

In this French incident, I imagine the fact that the accused had already spent two years in prison might have weighed heavily upon the judge's decision.

 

[Bad^Hat]

http://www.youtube.com/watch?v=b4hNaFkbZYU

 

[MJ12]

Wait so you guys don't agree with him?

Do you?

 

[BabyHeadCrab]

aspie alert