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consent or not

10 replies

Mercural · 28/04/2024 14:19

I have a female friend who considers herself liberal and easy going, socially and sexually. Her friendship group probably consider her the most open about sexual matters, as she happily discusses anything sexual, including her own sexual behaviours, with her friends.
Her core friends are aware that she has been having multiple ‘hook up/ NSA’ type relationships, including 2 that have lasted over 20 years. The status of the men didn’t seem to matter to her, i.e. whether they were married or in a relationship. She of an opinion that it’s the men’s choice as to if they wanted to cheat on their own partners, which I do agree with up to a point, but personally also feel she also has a moral duty of some sort.

Anyhow, in conversation she mentioned something that happened to her a few years ago. She had gone with one of her female friends to a local street festival (held yearly) and gotten wasted on alcohol and high smoking joints. Her female friend had had to leave early because she was ill, so she stayed for a while longer before spotting and asking a male friend she trusted to help her find a taxi home, as she was so drunk and high.

He agreed and tried, but because of the festival no taxi’s were available. But, as they waited he was giving her strong weed to smoke (he was the guy that supplied her weed). After a while as no taxis appeared, he tried it on with her, asking her if she consented. She nodded, and her took her to his place and had sex with her. She said he was continually offering her a joint on the walk.
The next day, when sober, she regretted what had happened, and confided in a few of her closest friends. They just laughed and one even said, that her ‘sex life’ continually surprised her. But, the point was – they all laughed it off and even egged her on to go on to have hook ups with him.

My opinion was that, given that the law states that someone has to be able to consent without impairment, it sounded like he technically raped her. I also said that it probably happened because his impression of her was that she might be ok with it.

I also felt that her closest friends let her down, and rather than take it seriously, had laughed it off as something they expected of her.

I’d be interested in the opinion of females in this group. Do you feel mistakes happen, and that its ok for a man to take advantage of you when you are drunk and high, or should there be accountability.

No offence, but I’m not looking for the opinions of any males.

OP posts:
Chellybelle · 28/04/2024 15:20

It depends how drunk surely. People have drunk sex, it's how most one night stands happen. But there's a difference between being passed out drunk, unable to account for your actions and being moderately tipsy and being fully self aware. I'm not saying she wasn't raped as I don't know everything about the situation but I don't think it's necessarily rape because she later regretted it.

Mermaidparades · 28/04/2024 16:55

I’m sorry that your friend experienced that. From what you’ve said, the guy was getting her more stoned to further impair her cognitive ability, he doesn’t sound like he had her best interests at heart. The ‘friends’ are pathetic.

This reminds me of the rohypnol rapes, the victims were in no state to consent or not.

Also, her previous sexual history has no bearing on this.

Chatonette · 28/04/2024 17:54

Female here. She was not in a position to give enthusiastic consent.

OfcourseitsaNC · 28/04/2024 18:39

With no one having been there besides those two, you're only hearing her side.

It wouldn't surprise me if he was in a similar state to her.

As her friend, I wouldn't laugh it off. Her reaction to other friends suggesting she went on to have hook ups with him would tell me if she viewed it as rape or a drunken mistake.

Mercural · 28/04/2024 19:16

Mermaidparades · 28/04/2024 16:55

I’m sorry that your friend experienced that. From what you’ve said, the guy was getting her more stoned to further impair her cognitive ability, he doesn’t sound like he had her best interests at heart. The ‘friends’ are pathetic.

This reminds me of the rohypnol rapes, the victims were in no state to consent or not.

Also, her previous sexual history has no bearing on this.

Her sexual history was only mentioned as the guy commented on it when making his pass. He thought she was the kind of girl 'up for it'.

OP posts:
Mercural · 28/04/2024 19:17

OfcourseitsaNC · 28/04/2024 18:39

With no one having been there besides those two, you're only hearing her side.

It wouldn't surprise me if he was in a similar state to her.

As her friend, I wouldn't laugh it off. Her reaction to other friends suggesting she went on to have hook ups with him would tell me if she viewed it as rape or a drunken mistake.

He's hard core, and used to the best weed, as he supplies it. She's a lightweight, and not used to it. Same with alcohol.

OP posts:
Mercural · 28/04/2024 19:17

Chellybelle · 28/04/2024 15:20

It depends how drunk surely. People have drunk sex, it's how most one night stands happen. But there's a difference between being passed out drunk, unable to account for your actions and being moderately tipsy and being fully self aware. I'm not saying she wasn't raped as I don't know everything about the situation but I don't think it's necessarily rape because she later regretted it.

She had to be held up by him, and couldn't remember most of the night

OP posts:
Onehappymam · 28/04/2024 22:27

I think he took advantage of her.

PinotPony · 29/04/2024 20:48

I think he'd struggle to convince a jury that he honestly believed she had given consent, if he was holding her up. If she couldn't stand, a reasonable person would know that she didn't have capacity to give consent.

I think he raped her.

PansyPolly · 30/04/2024 14:48

She did not have capacity to give consent, so this was rape. Not only that, he was deliberately encouraging that capacity to be impaired. Rape is not a crime where one talks about pre meditation, but this was pre meditated by him.

She probably wouldn’t get to court if she reported it, unfortunately. But it was rape.

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