There's a somewhat interesting article on sexual behavior between
consenting adults in Canada:  the Supreme Court of Canada has ruled 
that one has to be conscious in order to consent and to participate in the 
sexual activity. Here's the article and I presume that there are other 
articles about the court case elsewhere:
http://www.globalpost.com/dispatch/news/regions/americas/canada/110527/international-sex-news-canada-supreme-court

The details provided in the news article indicate that this situation 
is perhaps a little more complicated than one might expect but I'll
leave that to the interested reader.  What makes this relevant to
people in the U.S., especially in NYC, is that there just was a
notorious court case in NYC where a woman accused two
policemen of having raped her (allegedly one did the raping 
and the other served as a lookout).  Some complicating factors
include: (1) the police first helped the woman out of a taxi cab
because she had passed out from too much alcohol consumption
(she had been out celebrating a job promotion or the like), (2)
the police helped her up to her apartment where she fell asleep
on her bed, (3) the cops came back to check on her a couple of
time, even making a false 911 call that would allow them to
come back, and (4) the woman's drunken memory was pretty
sketchy but she maintained that she remembers having been raped 
by one of the cops.  The criminal trial ended just a day or so ago 
and the two cops were acquitted of the rape charges but found guilty 
of official misconduct (for the fake 911 call).  They were immediately 
fired by the NYPD after the verdict and will be sentenced
sometime in June.  Here is a NY Times article that summarizes
some of the reactions that New Yorkers had to the verdict:
http://www.nytimes.com/2011/05/28/nyregion/reacting-to-police-rape-case-with-anger-but-little-surprise.html?pagewanted=all

Was the woman really raped?  There is no physical evidence to
support the assertion (on the NY Times website there is a news
article on this problematic point) and all she really has was her
drunken memories (she had a hard time reconstructing the sequence
of events and remembering details).  The jury apparently felt that
the District Attorney did not have enough evidence to support
the charge and this left the jury with a reasonable doubt about the
rape.  Nonetheless there is understandable rage about the verdict.
One is reminded of Alonzo Harris' (character played by Denzel
Washington in the movie "Training Day") catchphrase: "It's not
what you know, it's what you can prove."

But in any event, if you're engaging in sex, make sure that everyone is
awake and gives consent.

-Mike Palij
New York University
[email protected]



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