But if a woman took advantage of a man's dream states sexually, wouldn't that constitute rape?
From my understanding the mans dream states would dictate it, and if unconscious his stimulation would have to come from the mind (impossible to manipulate for the woman)not externally.
Edited to add:
I found this example of a woman having sex with a man while he was passed out and the woman got pregnant and sought child support:
-S.F. v. Alabama ex rel. T.M., 695 So. 2d 1186 (Ala. Civ. App. 1996). In that case, the father testified that he went to a party at the mother's house. He had been drinking for several hours before he arrived, and had in fact gotten sick on the way to her house. At the mother's house, the father continued to drink, and the last think he remembered was getting sick again and his brother putting him in bed at the mother's house. The next morning, the father awoke in that same bed with only his shirt on. The father did not remember having sex with the mother, and he did not knowingly and purposely have sex with her.
The father's brother testified as to the same facts. A friend of both the mother testified as to the same facts, plus the fact that about two months after the party, the mother said she had sex with the father while he was "passed out" and that it saved her a trip to the sperm bank. Another friend testified that the mother had said she had sex with the father, "and he wasn't even aware of it."
A physician testified that it is possible for a man who is intoxicated to the point of losing consciousness may nevertheless have an erection and ejaculate; they are not conscious, voluntary activities.
Edited by American Woman, 29 August 2012 - 05:16 PM.