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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 this count as sexual assuault?

157 replies

AzureoftheEast · 16/11/2024 13:06

A few weeks ago when we woke in the morning my partner told me that while I had been sleeping he had been kissing my bottom all over. He didn't say this in a threatening way, he just told me as if he had been doing something nice for me. I had no idea of this, I must point out that I had not been drinking the night before, I am sure I had not been drugged. I know that if a man has sexual intercourse or attempts it with a woman while she is asleep that is rape or sexual assault. I am feeling very confused now about what happened. At the time I thought nothing of it but now I am wondering about it. I feel a little stupid because a knowledge of consent in my job is a big thing and I assume my partner knows about such things because of his job too. I know that just because of his job that does not preclude him from sexual assault of course. In the past when it comes to sex he has always been very gentle and respectful but I have been doing some reading and found out that having sex with a sleeping partner is a fetish for some people. That makes a bit of sense because when we met he was not confident when it came to sex and not that experienced. We do not live together and have been together for 18 months. I have good friends but this is not something I want to discuss with them. Would like the perspective of more objective others to get some clarity on this please.

OP posts:
ludocris · 17/11/2024 13:40

5FeetToBeExact · 17/11/2024 13:12

'Yes. It. Is.
Is the act sexual?
Yes.
Was consent given?
No. The poster was asleep and they have given no indication that they cosseted to any sexual activity while they were asleep.'

@Tulip2478

Eh? Does your partner ask you before they kiss you each time? It would be bloody miserable if my husband said 'do you mind if I kiss you' - go ahead! I'll make it evident if I don't want to kiss in that moment. Or a cuddle? Have you never had a partner come up behind you in the kitchen and give you a squeeze or a cheeky bum grab?

'Excuse me 5feet, would you mind if I placed my hand on your bum?'

It's normal. It's what people jay are comfortable around each other do. If the OP isn't comfortable with it, then she needs to have a conversation with her partner about her boundaries. Then if he kept on doing it despite her boundaries, then sure it's sexual assault.

She was asleep and didn't know anything about it. That's a completely different situation to your partner making advances on you when you're awake.

ludocris · 17/11/2024 14:10

Some of you REALLY need to watch this:

www.bbc.co.uk/news/uk-england-beds-bucks-herts-34656527

Tulip2478 · 17/11/2024 14:19

5FeetToBeExact · 17/11/2024 13:12

'Yes. It. Is.
Is the act sexual?
Yes.
Was consent given?
No. The poster was asleep and they have given no indication that they cosseted to any sexual activity while they were asleep.'

@Tulip2478

Eh? Does your partner ask you before they kiss you each time? It would be bloody miserable if my husband said 'do you mind if I kiss you' - go ahead! I'll make it evident if I don't want to kiss in that moment. Or a cuddle? Have you never had a partner come up behind you in the kitchen and give you a squeeze or a cheeky bum grab?

'Excuse me 5feet, would you mind if I placed my hand on your bum?'

It's normal. It's what people jay are comfortable around each other do. If the OP isn't comfortable with it, then she needs to have a conversation with her partner about her boundaries. Then if he kept on doing it despite her boundaries, then sure it's sexual assault.

Well there is a difference between kissing someone when they're awake and kissing somebody's bare bottom when they're asleep. It's a bit worrying that you can't see the difference.
And no he doesn't ask me when he kisses me, that's not the same thing, but if you actually read my comment he also penetrated me while I have been asleep including anally and yes he has come behind me in the kitchen and also didn't take no for an answer, on one occasion, but thanks for the sensitivity in your reply!
As I said, sexual contact when somebody is asleep can be seen as an assault as consent can not be given. I have been specifically told this by people with knowledge of the law.

EarthSight · 17/11/2024 14:34

You will get polarised opinions on this issue OP.

Personally, I wouldn't like it OP. At his age, I'd say the chance he's oblivious to how sexually vulnerable women are, is low. There is something devious about it and I wouldn't like not being given the chance to say no.

I wonder if he's testing the waters here, seeing what your reaction is going to be.

What I find concerning is how uncomfortable you are about this. I say trust your instincts.

Winter2020 · 17/11/2024 15:14

I have read the whole thread. Some people in the context of their own relationship wouldn't mind. Some would and find it creepy and lacking consent.

It sounds like you, in the context of your relationship, feel worried and would no longer feel safe sleeping next to this man. You absolutely should be able to feel safe sleeping next to your partner.

I guess you need to decide whether you want to break up with your partner or discuss your feelings and see if he can satisfy you that you are safe sleeping next to him and he understands you don't consent to him touching you when you are asleep.

MitochondriaUnited · 17/11/2024 15:27

SmileEachDay · 17/11/2024 09:16

Covered her bum with kisses, whilst she was asleep.

Having never talked to her about what she’s happy with him doing whilst she asleep.

It’s not ok. If he’s not happy to ask, he shouldn’t be doing it.

I’m pretty sure my post included a discussion about what is and isn’t an intimate area……

SmileEachDay · 17/11/2024 16:05

MitochondriaUnited · 17/11/2024 15:27

I’m pretty sure my post included a discussion about what is and isn’t an intimate area……

It did. But then you dismissed the idea he might be getting off on it. Reduced it to “just a guy, covering her in kisses” - perhaps I misunderstood this.

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