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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be so lost after PSHE comment on consent/alcohol and now situation with DD. *trigger warning, mentions rape*

188 replies

Itssohothere · 22/05/2018 10:18

I have tried my best to word this post best as I can, but if anyone is offended then I do apologise. I did consider the feminism section but this is also about general parenting advice as well so hopefully here is okay.

DD is 16 and currently doing GCSE’s. Study leave has been removed for the whole year due to lack of said studying. The school have decided to continue with PSHE, God knows why, so DD is still attending hourly PSHE sessions once a week.

The PSHE teacher has reportedly said, “if a man and woman have sex and either is drunk, it’s rape.” Bear in mind this is my 16 year old DD’s account.

DD has come home very angry with this statement and has asked me to explain this. According to my DD, she has had sex when drunk before at a party and doesn’t consider herself to have been raped. I knew DD was sexually active but this conversation has thrown me and I don’t think I’ve done DD justice in explaining the teachers comment.

I tried to explain that a woman cannot consent if drunk, which is as far as I got really. But DD then went back to the point if she didn’t think she has been raped, surely not every woman who has drunken sex has been raped and if the man is drunk he cannot consent also. Which again, please bear in mind is my DD’s opinion, not my own. And she is 16, very strong headed and opinonated. I know many people will disagree with her here.

So AIBU on several points here:

A) to be concerned that my DD has had drunken sex at a party? I knew she had had sex with her ex boyfriend, and she was fully advised and prepared in terms of protection, but I wasn’t aware of drunken sex at parties. She shouldn’t be drinking, so I can punish her for drinking... but at the same time I feel like I’d be punishing for having sex which I don’t want too do, as obviously this wouldn’t be healthy at all. What do I do here? Let it go and accept she’s just at this stage now? We are close, she’s always told me stuff so I’m grateful that our closeness has led to conversations about protection, etc... and has allowed me to help her get herself on the pill, talk her through the confusion of when she first had sex and felt upset after, etc... and I don’t want to ruin this. I like the fact she trusts me so much and is willing to confide in me and I don’t want to lose this.

And B) she’s leaving school soon, but AIBU to be annoyed at how sloppy this PSHE lesson was? And want there to be some sort of follow up? Clearly some girls have been left confused and angsted.

And finally, what the hell do I say to my DD? A woman can’t consent if she’s drunk, but if you have sex whilst drunk and are perfectly happy with the activities, then of course you don’t have to think of yourself as raped- but have to bear in mind that a woman still cannot consent if drunk, you cannot speak for other women, therefore another woman in the same situation may very well consider themselves to have been raped and in which case this will have been rape?

But then by saying this I feel like I am telling my DD that a woman chooses if she has been raped, which of course isn’t true.

So can someone more articulate please provide me with an explanation, resource or input I can share with my daughter here? I feel like this a chance I have to make a positive impact on her development and I don’t want to eff up here but explaining something terribly.

Thank you.

OP posts:
Hont1986 · 22/05/2018 19:15

Surely that works both ways though. Yes, his drunkenness isn't a defense to his crime. But equally the woman's drunkenness wouldn't be a defense to her crime. You end up in the ridiculous situation where they are both raping/sexually assaulting each other.

Pengggwn · 22/05/2018 19:43

Hont1986

His drunkenness isn't a defence against the allegation that he raped her. Her drunkenness isn't a defence against any crime she committed, but that crime wouldn't be one of rape unless she penetrated him.

worridmum · 22/05/2018 20:14

even if the penetrated him it would not be rape it needs a penis for the UK definition of rape.

QuackPorridgeBacon · 22/05/2018 20:20

Pengggwn But if he is too drunk to consent like the woman is, then surely he wasn’t able to make the decision to have sex also? So if neither can give consent because they are drunk, then who is the victim and who is committing a crime? Not necessarily rape but it would be rape from him and sexual assault from her, but if they both believe eachother consented then was there a crime committed? This is all so confusing.

Pengggwn · 22/05/2018 20:20

worridmum

Sorry, I did mean with a willy.

Pengggwn · 22/05/2018 20:21

QuackPorridgeBacon

If you are too drunk to consent to sex, how exactly are you sober enough to put your penis inside someone's vagina? Your judgement might be impaired but you can still consent, or you would not be able to physically do it.

QuackPorridgeBacon · 22/05/2018 20:21

Given the scenario of both being too drunk to consent but each believing that the other did, then if the woman changes her mind due to regret he can be prosecuted but she can’t? Is it only the woman that can be the victim when both people are drinking? What if he cries sexual assault, will it matter because he was also drunk?

QuackPorridgeBacon · 22/05/2018 20:23

I’m not on about too drunk to the point of being incoherent etc. What classes as drunk then?, I’m on about standard drunk where most people would have sex but still be classed as drunk. Surely it’s not rape or sexual assault then?

Pengggwn · 22/05/2018 20:37

QuackPorridgeBacon

It's been covered quite comprehensively in this thread, hasn't it? Being drunk in and of itself doesn't mean you can't consent. It is being so drunk that the other person cannot reasonably believe you are consenting that makes it rape.

QuackPorridgeBacon · 22/05/2018 21:30

Pengggwn I hadn’t read the entire thread. You’ve said what I was getting at. But what if you believe the other could consent? And did, then they turn around and say they were drunk so obviously raped or someone tells them because they were drunk they were in fact raped even if they know they consented. It just doesn’t seem clear cut enough. I don’t think everyone realises, it doesn’t mean that any level of drunk, even if you’ve said yes must mean rape. I think I’m probably confusing myself.

Hont1986 · 22/05/2018 21:44

If you are too drunk to consent to sex, how exactly are you sober enough to put your penis inside someone's vagina? Your judgement might be impaired but you can still consent, or you would not be able to physically do it.

Bizarre that people still think this in 2018.

x2boys · 22/05/2018 23:05

Most people agree that a regrettable one night stand isnt rape Quack i.have them myself in my younger and single days and I think most people going off this thread would agree telling a women she has been raped because she had consensual sex whilst drunk is wrong too, but if someone is in no fit state to consent that is obviously rape, I suppose it gets very blurry if both people are very drunk and the man thinks the women is consenting but she beleives she was too drunk to consent and he didn't believe that I'm confusing myself hereConfused in an ideal world you would hope consent would be blatantly clear to everyone.

Pengggwn · 23/05/2018 05:25

QuackPorridgeBacon

To me, it is as clear cut as it can be.
Every individual has a responsibility to make sure they are confident the other person can consent. If the other person turns round and says they were too drunk to consent, the question becomes, was your confidence reasonable? I believe I have always been able to answer that question in the affirmative.

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