A graphic of three Z characters indicating sleep.

'If they are asleep it is fine'

The Myth

Sex when sleeping is not rape.

The Facts

Sex without consent is Rape. Both parties have to agree to sex.
If a person is sleeping then they are not capable of giving consent.
Sex with someone who is sleeping therefore is rape and the law is very clear on this.

The Impact

This is an emerging picture but one that should be very clear. Around 17% of rapes reported to Police Scotland last year involved a victim who was sleeping at the time of incident.

What Can You Do

Understand that rape when sleeping is a significant and emerging problem.