Why does the myth that a woman can consent to sex while asleep still persist? Why should it matter that the
man rapist may not have been aware she was asleep. If she has pushed you away twice when she was awake, and she hasn’t clearly said “Yes, I want to have sex with you”, or any of a number of variations on that theme which would make it quite clear whether she was willing to have sex with you, do you claim that you “weren’t sure?” What’s more why do Judges accept that? The only good thing about this is that Justice Lex Lasry disagreed that it would have made any difference to the outcome.* May we have more judges like him.
*the appeal in this case was based on the fact that that the jury was not told that the defendant might have believed that the woman had consented because she didn’t say no, and he thought that she was not asleep at the time.