Reply to New situation to talk about with my teen son...

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I feel like there is more to this story.  OP is only hearing the boy's parents' version of events.

In any case, it is probably good idea to remind your son that people who are asleep or unconscious cannot consent to sex, and that you should wait until you know someone better before doing things like initiating sex before they are awake.  For all anyone knows, the girl had been molested or raped before.  And waking up to find someone engaged in sexual activity on you would freak out a lot of people.  [/quote]

I went to the county where this happened, found their court records and was able to locate his arrest record/mug shot.  The charge listed is CRIMINAL SEXUAL CONDUCT - THIRD DEGREE and when I looked up what that equated in that state it says:

A person is guilty of criminal sexual conduct in the third degree if the actor engages in sexual battery with the victim and the actor knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless.

It's possible that there's more to the story that my friend omitted.  Or like someone said, alcohol was involved.

Is being asleep considered physically helpless?  Those points in the description of what constitutes 3rd degree points more towards someone being drunk in my mind.  [/quote]

They are mentally incapacitated. You cannot consent if you are unconscious. And being asleep is being unconscious.[/quote]

There are at least 2 PPs on this thread who disagreed with me when I mentioned that earlier. (Not the OP, btw.)[/quote]

Being asleep IS NOT the same as being unconscious, not matter how much you may want to make it that way in this case.

http://www.nytimes.com/health/guides/injury/unconsciousness-first-aid/overview.html

Unconsciousness is when a person is [b][u]unable [/u][/b]to respond to people and activities.  Asleep is just that--stimuli will awaken you.  Being asleep is not the same thing as being unconscious. A sleeping person will respond to loud noises or gentle shaking -- an unconscious person will not. An unconscious person cannot cough or clear his or her throat.

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