In People v. Dancy (2002) 102 Cal.App.4th 21, the defendant argued that the trial court should have instructed on consent as a defense to a charge of rape of an unconscious person. But the statute under which he was charged, Penal Code section 261, subdivision (a)(4), expressly prohibited sex with an unconscious person, recognizing that as a matter of law one who is unconscious cannot consent. The thrust of the court's decision in Dancy was the unremarkable proposition that one cannot consent in advance to being sexually assaulted against one's will. As the court recognized, there could be no " 'advance consent' " defense to a charge of rape of an unconscious person, "since the woman's lack of consciousness absolutely precludes her from making her lack of consent known at the time of the act." (Dancy, supra, 102 Cal.App.4th at p. 37.)