I’ve just been reading about the Canadian Supreme Court’s deliberation on whether someone can give “advanced consent” to a sexual act. As you can read further about from several sources: here, here, and here, the case concerns a young woman who was sodomized by her common-law spouse with a dildo after passing out from erotic asphyxiation. So yeah, in other words, the court is deciding whether if someone says, “Once I’m out cold, luv, go ahead and rail me in the arse,” it’s considered consensual. Deep thoughts.
I joke, but my immediate response to whether someone can give “advanced consent” is hell no. The dynamics of sex can change in an instant and consent means being able to say no at any point. It’s unsettling to think about how this argument could be used to further convolute rape defenses, especially in cases with intoxicated victims. But I’ll admit that the lines do blur when it comes to acts like asphyxiation, where one is saying yes (assuming this is a partnered act) to a scenario that may render them incapable of saying no. On that note, exactly how long can one safely stay passed out? You would hope that in such a scenario trust levels are well established so that debates over consent don’t occur. And apparently there is something called “a slave contract” for just that… Every dang day I learn something new. I wonder if that’s an awkward moment–sign here, please. Now pass me the noose.
Buzz kill or no, it sure sounds better than the alternative.