If a woman arouses and starts to make love with her husband while he sleeps, does that constitute rape?

2 Comments

  • Henry - 12 years ago

    A male, whilst asleep - as in my hypothesis - could be aroused by his male or female partner, but the question of rape in this instance seems to rest upon whether he decides he is being raped or not when awoken. That seems to be a pretty insecure way of defining rape.

    Galloway says "surely one doesn't have to ask for permission between insertions" and his point is valid. I suppose my hypothetical situation underscores the uncertainty of an assumption, but that again seems to be a very shaky basis for the act being declared as rape, no? Is that lack of consent - the assumption by the wife that the man would agree if he were awake - enough not to carry on regardless? Should a wife wake her husband and ask? Then you are faced with the terrible dilemma, what is the difference between a husband and wife and any two consenting adults who are already in bed and have made love previously that night?

  • Archie - 12 years ago

    Surely, if there is arousal, then the act is not rape?

    However, it is impossible for a man to penetrate a partner without being aroused. So this case cannot be rape.

    Without consent, forcible penetration, of a vagina or an anus, most definitely does constitute rape.

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