Lower courts divided on the issue, and the case went all the way to the Supreme Court of Canada. [Footnote:] The trial court convicted the man, holding that she could not "legally consent to sexual activity that takes place when she is unconscious." The appellate court disagreed, holding that "[t]here is no basis for holding that a person cannot legally consent in advance to sexual activity expected to occur while the person is either unconscious or asleep." The Supreme Court ultimately sided with the trial court[:] "The definition of consent for sexual assault requires the complainant to provide actual active consent throughout every phase of the sexual activity. Made a complaint to the police two months [after the sexual contact] and stated that while she consented to the choking, she had not consented to the sexual activity that had occurred.
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