You Can’t Consent to Sleep Sex
There is no lawful consent given to sexual contact if the other person is asleep or unconscious in Queensland.
There was a doubt, before 23 September 2024, whether consent could be given in advance – “Wake me up in the morning by doing that again.” – or be standing consent – “You can wake me up like that anytime.”
The new law is in absolute terms.
“Circumstances in which a person does not consent to an act include the following— … the person is unconscious or asleep.”[1]
Even if the person wakes up happy and enjoying the activity, a crime has been committed.
There is no time limit for prosecuting these cases.
If the activity happened before 23 September 2024 then the previous law applies.