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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11426
Experience:  30 years as a practising solicitor.
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In 1994 I slept with someone and then consented to go to sleep

Resolved Question:

In 1994 I slept with someone and then consented to go to sleep still with his penis in my vagina is that rape. I'm sorry to sound silly but I'm quite confused about Scottish law. I did consent but I was asleep. I'm Joe sure in scots law that was rape.
Submitted: 2 years ago.
Category: Scots Law
Expert:  ivorylounge replied 2 years ago.
Are you saying that you consented to sex?
Customer: replied 2 years ago.
Yes, does it matter that I fell asleep during?
Customer: replied 2 years ago.
My concern is that my consent was no longer valid when I was asleep
Customer: replied 2 years ago.
When I fell asleep we weren't having active sex, just still in the sex position
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
From your description of what happened, ie, you consented to sex and then consented to go to sleep with him still inside you, that is not rape under the law of Scotland.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11426
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you