Out of "GUIDANCE ON THE SEXUAL OFFENCES (SCOTLAND) ACT 2009",
"Subsection (2)(a) provides that there is no free agreement where the conduct takes place at a time where the complainer is incapable, because of the effect of alcohol or any other substance, of consenting to it. The effect of this subsection is not to provide that a person cannot consent to sexual activity after consuming any alcohol or taking any intoxicating substance. A person may have consumed alcohol (or any other intoxicating substance), and may even be quite drunk, without having lost the capacity to consent. However at the point where he or she is so intoxicated as to lose the capacity to choose whether to participate in sexual activity, any sexual activity that takes place, does so without the complainer’s consent."
So I'm not sure.
Another puzzle initially: "Subsection (2)(e) provides that there is no free agreement where the complainer agrees or submits to conduct because the accused induces the complainer to agree or submit to the conduct by impersonating a person known personally to the complainer." On reflection, this possibly covers situations when there isn't a light on, as well as if the complainer is blind, or you sneak up behind them and go "It's me" and they go "Oh all right then", and it isn't you. I mean, you aren't who it's supposed to be. Although in some cases you weren't to know that, probably.
If the other person is asleep, I'm afraid it's right out. At least here in Scotland.
Register
Out of "GUIDANCE ON THE SEXUAL OFFENCES (SCOTLAND) ACT 2009",
"Subsection (2)(a) provides that there is no free agreement where the conduct takes place at a time where the complainer is incapable, because of the effect of alcohol or any other substance, of consenting to it. The effect of this subsection is not to provide that a person cannot consent to sexual activity after consuming any alcohol or taking any intoxicating substance. A person may have consumed alcohol (or any other intoxicating substance), and may even be quite drunk, without having lost the capacity to consent. However at the point where he or she is so intoxicated as to lose the capacity to choose whether to participate in sexual activity, any sexual activity that takes place, does so without the complainer’s consent."
So I'm not sure.
Another puzzle initially: "Subsection (2)(e) provides that there is no free agreement where the complainer agrees or submits to conduct because the accused induces the complainer to agree or submit to the conduct by impersonating a person known personally to the complainer." On reflection, this possibly covers situations when there isn't a light on, as well as if the complainer is blind, or you sneak up behind them and go "It's me" and they go "Oh all right then", and it isn't you. I mean, you aren't who it's supposed to be. Although in some cases you weren't to know that, probably.
If the other person is asleep, I'm afraid it's right out. At least here in Scotland.
I don't think much of this wi-fi plan, though.