if the girl/guy is not an active participant and can't give consent then yes, it's rape.
and some guys don't think it's rape because of the fact that the person didn't say "no". they also think, "well, if they are asleep, i'm sure they don't mind."
yes i know both these thought processes are a bit wonky, but seriously... the only advantage you should have on someone when they are drunk/sleeping involves a marker, a camera, and witnesses to what you draw on the persons face, arms, and legs (and any other exposed area)... at that point you are teaching them a lesson for falling asleep where a prankster can get near them. :P
2006-07-19 11:52:57
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answer #1
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answered by kiss my wookie! 5
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It's perfectly easy to say either "yes" or "no" in that situation. Some time before you go to sleep (either that evening, or just as a general standing order), either tell him "By the way, feel free to wake me up with sex any time you want, I love that" or "While I'm asleep, you keep your thing to yourself".
As for the rape question, legally it's rape if you didn't give consent (while of an age and in a mental state where you are competent to do so). It's not a matter of whether you said "No", it's a matter of whether you said (or otherwise indicated) "Yes". Consent doesn't have to be verbal, but you need to have made it clear, one way or another, that you're OK with it. Even if you have sex with him regularly while awake and are sleeping next to him naked, if the two of you have never discussed how you feel about being woken up by sex, then (unless you moan "oh yeah, do me baby" sleepily as he's starting) you haven't given your consent to it, and morally he's in the wrong. (But under those circumstances, I think you'd have a lot of trouble finding a jury that would convict.) However, if you've made it clear to him that you're _not_ OK with this and he does it anyway, then I'd say he's a lot worse off (though it might still be hard to get a conviction).
2006-07-19 19:00:04
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answer #2
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answered by Roger D 4
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It's rape even if you didnt say anything. just like being drugged. Take it like this, if a guy gags a girl and tapes her mouth shut then rapes her...because she said nothing, is it rape?
2006-07-19 18:52:00
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answer #3
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answered by sorahya f 2
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Well, you didn't say no and you are in the same bed with him so therefor I would agree with the guy thinking it's not rape. Quit being all Drama queen
2006-07-19 18:48:14
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answer #4
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answered by Anonymous
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Yeah, thats rape. They didnt get your permission aka consent to have sex with you...whoever thinks it isnt rape, is wrong. Unless your agreeing and awake and want to have sex...then it is wrong.
2006-07-19 18:57:09
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answer #5
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answered by LovableLibra84 3
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It's rape. If you had been knocked out by a drug and he did it. It would be the same.
2006-07-19 18:50:00
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answer #6
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answered by rilindy 5
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Yes, it is violating you. Its the same as if you were drugged because you can't say yes or no then either.
2006-07-19 18:46:27
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answer #7
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answered by Brandy 4
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....YES IT IS...........
2006-07-19 18:49:57
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answer #8
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answered by Anonymous
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