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.
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.
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