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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Does anal sex need explicit consent?

691 replies

TellingFriends · 01/09/2024 20:18

2 month relationship.

Man and woman have consensual PIV sex. Is it acceptable for him to have anal sex with her without asking first?

Woman would not have consented if asked beforehand but did not stop him.

Is it fair for him to assume the woman will say no if she doesn't want it?

Woman had never had anal sex before. Woman is also a CSA survivor but he didn't know this.

OP posts:
Thread gallery
5
INeedAnotherName · 02/09/2024 01:13

SleeplessInWherever · 02/09/2024 00:47

By the standards of others, all sex I’ve ever had has been non-consensual, because I’ve never felt the need to verbally give it to begin with.

I do however, verbally say when I don’t want something.

And before we get back into that, I have also seen and acknowledged that isn’t the case for everyone.

Not all consent is verbal. You seem very fixated on that part. Why?

SleeplessInWherever · 02/09/2024 01:20

INeedAnotherName · 02/09/2024 01:13

Not all consent is verbal. You seem very fixated on that part. Why?

Mainly because my understanding of other comments have been that men should ask, and receive clear/enthusiastic consent.

But also, if we’re not consenting verbally, and we’re not physically showing we don’t consent either - I’m not really sure how that lack of consent is being made clear.

maaarnie · 02/09/2024 01:21

Explicit consent required whether you’ve known them 1 day or 60 years. Always. For anal and PIV. (and anything sexual for that matter).

TriesNotToBeCynical · 02/09/2024 01:23

SleeplessInWherever · 02/09/2024 01:20

Mainly because my understanding of other comments have been that men should ask, and receive clear/enthusiastic consent.

But also, if we’re not consenting verbally, and we’re not physically showing we don’t consent either - I’m not really sure how that lack of consent is being made clear.

You have to positively do something to show you're happy with what is going on - positively cooperate or help. Lying there apathetic or frozen in fear is not consent. It is actually common sense, and rarely ignored except deliberately.

SleeplessInWherever · 02/09/2024 01:29

TriesNotToBeCynical · 02/09/2024 01:23

You have to positively do something to show you're happy with what is going on - positively cooperate or help. Lying there apathetic or frozen in fear is not consent. It is actually common sense, and rarely ignored except deliberately.

Fair enough. The last post from the OP confirmed somebody else’s assumption that they’d decided to go along with it and see how it goes. So what now.

Should he have asked, or somehow known she was humouring him?

Not all men ask, and I don’t think they should just know.

mummybearSW19 · 02/09/2024 01:47

IME it can happen by accident but both of you will know immediately and he should check you are ok with it. And stop if not.
Otherwise it is not consensual.
Hope you are ok.

ShouldIEvenBother · 02/09/2024 01:49

SleeplessInWherever · 02/09/2024 01:29

Fair enough. The last post from the OP confirmed somebody else’s assumption that they’d decided to go along with it and see how it goes. So what now.

Should he have asked, or somehow known she was humouring him?

Not all men ask, and I don’t think they should just know.

Exactly. They don't ask, and yet they don't know.

What now? - They ASK. They get consent. We should not need to be a mind-reader and know they they are suddenly going to aim for the asshole! Men should not be sticking their dicks, fingers, or anything else in a woman's orifice without getting the go-ahead first. I wouldn't stick my fingers/ the goddamn rolling pin up a blokes arse without checking he would like that first, I'd definitely think to ask!

It shouldn't be this difficult. But it is, because seemingly, for a man to think about a woman's comfort this is a stretch to far for them. Their own selfish needs MUST come first 🙄

TriesNotToBeCynical · 02/09/2024 02:10

SleeplessInWherever · 02/09/2024 01:29

Fair enough. The last post from the OP confirmed somebody else’s assumption that they’d decided to go along with it and see how it goes. So what now.

Should he have asked, or somehow known she was humouring him?

Not all men ask, and I don’t think they should just know.

Specifically for anal sex, specifically she says she had her back to him, and she was passive. And he had not previous to that day had sex with her which would have taught him about her responses and her boundaries. Then I don't think any normal man should have carried on without some verbal or non-verbal response that she was happy with the situation. Just "is that ok?" would have done (assuming a positive answer). Specifically, lack of refusal is not consent. He could not even see her facial expression. A word or gesture of encouragement might have been enough, but we are told she just lay passively

That does seem to be the consensus here that this was rape. I agree he could not reasonably have assumed consent.

It may well have been misjudgement rather than malice, but we really can't know that. It might have been deliberate rape.

TriesNotToBeCynical · 02/09/2024 02:22

For the avoidance of doubt it would equally have been rape if he had initiated PIV sex again in that position and she had reacted similarly and he had not desisted. But some might have had more sympathy for his misjudgment.

NonsuchCastle · 02/09/2024 07:53

CharlieDickens · 01/09/2024 20:56

As I frequently say, rape is nothing to do with consent. The rapist doesn't care whether a victim consents and the victim is usually stuck in a freeze response because it's done with a degree of violence. Please if you don't know what you're talking about then DON'T COMMENT.

OP, the real question here is how this has made you feel. You might be in a mindset at the moment of feeling really confused and just not had the time to process what has happened. Give yourself time to figure it out and when you're feeling up to it, please consider reporting it to the police. Hope you're okay.

It's a bit rich exhorting people not to comment if they "don't know what" they are "talking about" when you have made a few mistakes here yourself:

  1. Yes, rape has to do with consent
  2. Many victims are not in a "freeze response"
  3. Many rapes are not "done with a degree of violence"
Loseitlikelollo · 02/09/2024 07:54

Bloke's perspective: anal sex abso-fcuking-lutely 100% requires separate consent than vaginal sex does - 200% even, and it's mind boggling how anyone could not realise that, but there are people out there who for whatever reason just do not get it.

Absolutely @Frogpole and it’s scary how there are women trying to convince the decent male posters on this thread that they are being OTT with consent. Please ignore them and carry on as you have been doing.

Loseitlikelollo · 02/09/2024 08:00

But for their sake and mine, I'd rather be over cautious initially.

Indeed. I’ve read some of your posts and it’s clear you’re being appropriately cautious and discerning @VimesandhisCardboardBoots men who are less so -and the women who insist you’re doing too much - are a complete danger to us all.

NonsuchCastle · 02/09/2024 08:04

username44416 · 01/09/2024 22:35

Here's the law:

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.

B or the OP did not consent to anal sex.

A the perpetrator could not reasonably believe there was consent because he didn't ask and she had her back to him. There had been no discussion of anal sex prior to penetration and no preparation - which is usual with anal sex.

Ergo - rape.

Bollocks. There is a clear argument that he believed, reasonably, that she was consenting.

Fluufer · 02/09/2024 08:06

NonsuchCastle · 02/09/2024 08:04

Bollocks. There is a clear argument that he believed, reasonably, that she was consenting.

On what basis could he reasonably assume she consented to anal penetration?

DownThePubWithStevieNicks · 02/09/2024 08:12

NonsuchCastle · 02/09/2024 08:04

Bollocks. There is a clear argument that he believed, reasonably, that she was consenting.

What case would you make if you were him, or his defence? Without reference to rape myths, like she’s already had sex with him, she was naked, she was in bed with him, she didn’t scream no.

username44416 · 02/09/2024 08:17

NonsuchCastle · 02/09/2024 08:04

Bollocks. There is a clear argument that he believed, reasonably, that she was consenting.

What argument?

NonsuchCastle · 02/09/2024 08:21

CrochetForLife · 01/09/2024 23:35

Read the law I posted. Penetrating a woman without her consent IS RAPE! Whether you like it or not. THAT IS WHAT THE LAW SAYS!

No it doesn't. You are not taking into account whether the accused genuinely and reasonably believed consent was given.

NonsuchCastle · 02/09/2024 08:28

CrochetForLife · 01/09/2024 23:06

Saying that a woman froze and didn't scream thus she 'wasn't really raped' is not 'common sense'. You're being a rape apologist.

Divasaurus was replying to a different comment.

username44416 · 02/09/2024 08:30

TriesNotToBeCynical · 02/09/2024 02:10

Specifically for anal sex, specifically she says she had her back to him, and she was passive. And he had not previous to that day had sex with her which would have taught him about her responses and her boundaries. Then I don't think any normal man should have carried on without some verbal or non-verbal response that she was happy with the situation. Just "is that ok?" would have done (assuming a positive answer). Specifically, lack of refusal is not consent. He could not even see her facial expression. A word or gesture of encouragement might have been enough, but we are told she just lay passively

That does seem to be the consensus here that this was rape. I agree he could not reasonably have assumed consent.

It may well have been misjudgement rather than malice, but we really can't know that. It might have been deliberate rape.

It was deliberate; rape is deliberate. You can't accidentally rape someone.

username44416 · 02/09/2024 08:30

mummybearSW19 · 02/09/2024 01:47

IME it can happen by accident but both of you will know immediately and he should check you are ok with it. And stop if not.
Otherwise it is not consensual.
Hope you are ok.

Rape doesn't happen by accident.

NonsuchCastle · 02/09/2024 08:41

CrochetForLife · 01/09/2024 23:02

Wtf did I just read? How can a fellow woman be so very utterly and deeply ignorant about rape and consent?

He penetrated her without her consent. That is RAPE!

What you're doing is being like a juror saying because the victim froze in fear and 'didn't say no' and 'didn't scream', she wasn't raped. As a rape survivor, your ignorance is heart-breaking and chilling. That it is a fellow woman, is DEVASTATING to read! Whether a woman 'screams out' or not, doesn't mean she wasn't raped. It's the same here.

What is it you don't understand, about the male GETTING CONSENT before hand? The onus is not on the victim to say no, to scream or to thrash about, the onus is on the MALE to GET CONSENT first. The onus is on him. NOT HER.

The onus is on the accused to genuinely and reasonably believe consent is given. Not necessarily ask outright for verbal or written consent for a specific act.

Newsenmum · 02/09/2024 08:45

rainydays03 · 01/09/2024 21:35

Completely agree with you - i’ve just written a post myself and suspect i’ll get bashed for it…I honestly don’t see how this can be rape. He’s absolutely a prick of course for not discussing before hand, but sounds to me like he felt that she was perhaps comfortable in the moment. If she didn’t say no, then i’m not sure how would he know she wasn’t comfortable with it - especially in the spoon position where he couldn’t read her face? But definitely in agreement with others he shouldn’t have assumed it was ok.

Are you serious? Have you ever done anal? You don’t just randomly stick it in with anal. You are messed up.

NonsuchCastle · 02/09/2024 08:49

TriesNotToBeCynical · 01/09/2024 23:16

If he was very young, incredibly inexperienced, and had never given a moment's thought to the normal functions of the human body (do I need to be even more explicit??) he might have assumed implicit consent. Then it would be up to a jury to decide whether this was a reasonable belief. Belief on its own is not enough, it has to be a reasonable belief.

If he was a normal adult with normal insight into when anal sex might be unacceptable and why it always requires explicit consent because it is always unacceptable to some people then, sorry, this is rape; unless an accident which I for one do not believe. And being "carried away" is a nonsense excuse, except perhaps for young teenager.

So I am firmly on the "you are mistaken" side.

What is "normal" to you is not necessarily "normal" to another.
Plenty of people have anal sex as a matter of course. It's "normal" to them.

It is possible that the man had a genuine and reasonable belief that she was consenting, given the lack of any remonstrance (which, I know, she is not obliged to do. I understand the "freeze" response).

username44416 · 02/09/2024 08:52

NonsuchCastle · 02/09/2024 08:49

What is "normal" to you is not necessarily "normal" to another.
Plenty of people have anal sex as a matter of course. It's "normal" to them.

It is possible that the man had a genuine and reasonable belief that she was consenting, given the lack of any remonstrance (which, I know, she is not obliged to do. I understand the "freeze" response).

He had already penetrated her before he could gauge remonstrance. He did so without consent or preparation. Anal sex can be painful and needs lube. Most people in their right minds know that and don't just force their way in.

Fluufer · 02/09/2024 08:52

NonsuchCastle · 02/09/2024 08:49

What is "normal" to you is not necessarily "normal" to another.
Plenty of people have anal sex as a matter of course. It's "normal" to them.

It is possible that the man had a genuine and reasonable belief that she was consenting, given the lack of any remonstrance (which, I know, she is not obliged to do. I understand the "freeze" response).

It is not "normal" to anally penetrate another person without asking.

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