DallasApple
Depends Upon My Mood..
Due to your agreement, you have his consent, so it's not rape.
Let's say that I wake up in the middle of the night, I feel in the mood, so I start to penetrate my wife. She wakes up after I've started and tells me to stop it, so I do.
The following week, I wake up in the middle of the night, I feel in the mood, so I start to penetrate my wife. She wakes up after I've started and tells me to stop it, so I do.
The following week, the pattern continues. And the week after that. And the week after that.
Would you say that I haven't committed sexual assault just because I stop every time she tells me to?
Texas law assumes that "asleep" implies a lack of consent. It does not make an exception for your spouse. I'm not sure it should.
No that is different because its a pattern /trend that you should of gotten the hint she is not receptive to that.But better yet is for her to communicate "never do that again I feel violated" ..or for him to ask "should I not do that anymore and assume if you are asleep I should not take "liberty" with you ".
Hopefully its settled that way.If you continued after that (if she said don't do that ever again) then you are full blown raping her not just a "sexual assault" .
All I'm saying is when I have done that on occasion (started something when my husband was asleep) he has awakened and was totally O.K with it in fact felt desired.If we go by the strict letter of the law he liked it that I was sexually assaulting him when he was asleep.I do not agree.
If he had ever said "I don't like it when you touch me when I'm a asleep " I would have never done it again.