Just a thought

[Lostandconfused]

Hi all,

I may be naive here but as most of you know all sorts go through your head but if you have had consensual sex and then a FA is made.. if there was sexual contact before penetration can someone accused counter that they were sexually assaulted? Or is it a case of if they get to the police first they're story has more weight? I think if a man went to the police, said they had sex with someone but they didn't consent to foreplay etc theyd be laughed out of the door, but reverse the roles and its taken a lot more seriously.

The law states that if consent hasn't been given the accused must reasonably believe there was consent. Therefore if a sexual act is committed before penetration by the FA is this enough for reasonably believeing consent was given?

I understand that only the act of penetration is looked at in these cases and thats where a FA can say they were raped but if there was foreplay or oral sex carried out by both parties.. if the FA says they didn't consent can the person accused say that they didn't consent to sexual contact beforehand and as such make a claim for sexual assault? Or is this a strong defence that there was reasonable belief in consent.

Hope this makes sense, and I hope everyone is keeping strong, thoughts are with you.

[Seeking Justice]

Hello Lost and Confused.

I'm pretty new here and dont know that much about the law, but i have to admit i have wondered this myself!

One thing is for sure though, if a woman screams rape it will probably attract a lot more sympathy than a man saying he has been sexually assaulted because a woman has performed an act on him!

SJ

[lonley place]

I don't know the answer to your question.
There must be a charge against a woman though as I have seen plenty of
court cases where women have been charged with sex with a minor.
Interesting question, I hope someone can answer ! LP

[Lostandconfused]

I don't really know much about the law but you end up reading up on things.. (don't know if this is good or bad) and it just crossed my mind, if a woman makes a FA would the accused have a leg to stand on in their defence or in any investigation if they say - I didn't consent for her to perform sexual acts on me and I want her arrested for sexual assault - making the story one word against another. WOuld the Police even arrest the FA.

I guess it would come down to forensics will show sexual acts took place? But if both believed it consensual how can anything else be proven... is it just one word against another?

This is all starting to really stress me out and all sorts of things are going through my mind hence these questions.

[whatsgoingon?]

I'm sure it can work in your defence and should come out when you give evidence. I would have thought you could try making a counter clain if you really didn't consent. That would be interesting...

[Lostandconfused]

I was advised by someone in the police that I could make a complaint about it at any time.. the interesting thing is she admitted it to the police but they didn't arrest her (because I haven't made a complaint I've been told). She admitted she did it to see if I was drunk/asleep!!!