Quote:
Originally Posted by Massive Marc
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Although, I am curious about the timing in between when she give consent and passes out. If I'm about to busy with a girl and shes passes out just before or right as I penetrate, is it still rape ?
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Yes.
Quote:
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Originally Posted by General Consent Rules
If a person is incapable of consenting, the intercourse is rape. Inability to consent may be caused by any number of factors including impairment (chemical, physical, or mental), insanity, or unconsciousness. Intercourse with any individual incapable of consent is rape.
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The standard is that rape is usually (but not always) measured at the time of penetration. If you're about to get nasty and she passes out, she loses her ability to consent (previous consent is
irrelevant), and any intercourse constitutes rape. You may have read a news story within the last 2-3 years about an old man who was going to be tried for sleeping with his comatose wife. This is because she was incapable of consent
at the time and past grants of permission do not matter. In his case, she had consented (in her will IIRC), but that's irrelevant.
The only standard is whether or not the person is capable of consenting at that exact moment, and if they are not, it is rape. Note that a few specific exceptions and unusual circumstances exist such as what happens if a person passes out during a valid consensual encounter or the specific rules regarding spouses, but it can be complicated.