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Consent & Responsibility: a UK Perspective
1. Consent and Responsibility:
a UK Perspective
Catherine Bewley
Senior Practitioner &
Head of Sexual Assault
Casework Service at Galop
Monty Moncrieff
Chief Executive
London Friend
European Chemsex Forum, Friday 8 April 2016, London
2. Galop: what we do
Galop is London’s LGBT anti-violence organisation. We are
independent, confidential and community-based.
We work with all lesbians, gay men, bisexual and trans people
(including those who identify as straight) aged 13+. This
includes those who identify as queer, genderqueer, asexual,
intersex and those with non-binary identities.
We run the only LGBT-specific casework service around sexual
assault in London, coordinate the LGBT Domestic Abuse
Partnership and offer casework covering: sexual assault,
domestic abuse, harassment & hate crime,
homo/bi/transphobia, & advocacy for trans people and young
people.
We are involved in National and European policy & practice
developments around anti-violence work affecting LGB&T
people.
3. London Friend is the UK’s oldest LGBT charity, working
to improve LGBT health and wellbeing.
We provide face-to-face services, including coming out
support, social and support groups, and counselling.
We run Antidote, the UK’s only LGBT drug & alcohol
service: we provide psycho-social interventions.
We run several partnerships with the NHS developing
chemsex and club drugs specialisms, including the first
chemsex clinics in GUM services.
We were the first UK service to identify chemsex trends
through Antidote.
London Friend: what we do
4. The UK Context of Consent
• Unequal history around the law relating to sex
and sexual assault
• Equal age of consent 2001
• Sexual Offences Act 2003
- Offences and gender
- “A person consents if he agrees by choice, and
has the freedom and capacity to make that
choice.”
5. More on the Sexual Offences Act
• Freedom to consent
- Coercion, exploitation, grooming, threat, fear
• Capacity to consent
- Someone may “lack the capacity to choose
whether to agree” and/or “is unable to
communicate such a choice”
• Moment in time
- Consent can be withdrawn
- Consent for each sexual act
6. More on the Sexual Offences Act
• Who is responsible for consent in a sexual
encounter?
• Concept of ‘reasonable belief’ that consent exists
• Legally a child until the age of 18
• Offences about ‘causing someone to engage in
sexual activity’, pornography, photos & filming
7. Consent Challenges in a
Chemsex Context
• Effects of the drugs:
- passing out on G
- ‘in the moment’ sexual drive on crystal meth
• Clients report loss of awareness of ‘what happened?’
• Questions of ongoing consent as sex party attendees
change
• Questions of ongoing consent with all present by
virtue of being at a sex party
8. Consent Challenges in a
Chemsex Context
• Disinhibition, sexual freedom & experimentation
• Combined with lack of clarity about what consent
means
• Can lead to behaviour one, both or all parties
may regret later
• Assault may occur, even if unintended
• May lead to prosecution
9. Consent Challenges in a
Chemsex Context
• Deliberate actions
- condom use
- ‘cum dump’
- continuing sex when someone has passed out
• Other crimes (robbery, blackmail, stalking)
10. Consent Challenges in a
Chemsex Context
• ‘You’re here, so you agree’
• Issues around coercion:
- e.g. ‘requirement’ to slam or bareback to remain
• ‘Predatory’ or targeted sexual exploitation
- non-consensual over-dosing, live streaming/ filming
• Issues for young people
• Issues for sex workers
• Issues for BAME & migrant men
• Domestic abuse
11. Criminal Justice Issues
• Huge barriers to men speaking up to anyone about
what’s happened to them, their concerns & confusions
• Barriers to men reporting to the police
- Being understood, taken seriously, what will happen?
- Fearing a salacious or moralistic response, exposure
- Being charged with drugs offences - supply
- ‘Informing on your community’
• Challenges to investigation, charging & prosecution
• Current Met Police and CPS responses
12. Community Responses
• Safe spaces to talk
• Challenge of naming what is happening
• Validating entitlement, defiance, pleasure &
community, but naming harm where it exists
• Information for empowerment & self
determination
• Sense of community care for each other,
validating community, empowering
communication & negotiation
• Collective responses
13. What Next?
• Rape, sexual assault and sexual exploitation have devastating and
long-term consequences for those who experience them
• It’s not just a minority issue – it affects a lot of people
• We need to have the courage to name these things and talk about
them – it is not being disloyal to our communities
• We shouldn’t let the press or others define the agenda & meanings
around consent, sexual assault or chemsex in general by our silence
• Men need good, honest information to help them make informed
choices about consent and sex on chems
• We should value positive behaviour and community action about
consent
• We need to be actively involved in criminal justice issues to ensure a
fair, informed response