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    bmt123's Avatar
    bmt123 Posts: 1, Reputation: 1
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    #1

    Dec 6, 2017, 01:35 PM
    Is this considered sexual assault/harassment/etc?
    When I was in high school, I did not have great friends. This is the story of a very bad night and I am already aware that this story is filled with ridiculous/immature/inappropriate actions.
    We went out to a party and I ended up drinking way too much for my body to handle, however, I remember MOST of the night.

    It started with everyone encouraging me to drink a lot, so I did. Then everyone was swimming and began swimming naked and pressured me to swim naked as well. I refused for the longest time because I was uncomfortable but after repeatedly being nagged/bothered/judged, I felt forced to. Guy I was interested in tried to make moves on me, but I still said no and eventually said continued to say "I'm too sober for that." Eventually, my only 2 friends at this party had to leave so now I was alone, with no one to help me since I was so intoxicated. After this guy repeatedly asked, I agreed to hook up after MANY drinks. Then, his drunk friend intervened. He asked if he could hook up with me instead (in front of my face) and my guy basically passed me on to the friend. If I were sober I would have said no, but I was so intoxicated and could barely stand straight, so I agreed. I was driven home the next morning. Then everyone I knew found out and for weeks following this party I was made fun of, called names, and mocked for sleeping with this guy. I also found out that he tried anal without asking me, and since I was so drunk I did not say anything.

    My question is: Was I sexually assaulted this night or sexually harassed the weeks following? I ask because we were both intoxicated, I agreed and partook in the activity. However, I was alone, unaware of everything happening, and was harassed about it after.
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #2

    Dec 6, 2017, 02:22 PM
    I hope this posts properly. I answered a different post and the system put that answer, irrelevant to this question, on this string. Let me try again.

    So, first, you were in high school. Somebody either sold liquor to kids, provided it to their kids, or bought it for minors. They have some responsibility for this situation. Unless the kids stole the booze, some adult either bought or sold alcohol illegally and have some responsibility for this happening.

    Second, somebody apparently left their home available for a teen party. That doesn't mean that they consented to the party, but if it was their own kids who threw the party, those adults have some responsibility. Parents can claim they "thought" their kids were more mature but I am a parent of a 23 year old who is mature, and over my rotting body would he have ever been left alone long enough to have a party in my house. If I left for a weekend, he went too. If it was a business trip, he stayed elsewhere or I had an adult stay at the house with him. So, the homeowner has some responsibility, unless you kids broke into some random person's house.

    Third, your friends should never have pressured you to drink and should have stopped you before you got sloppy drunk. A friend does not let you put yourself into a dangerous situation, and severe intoxication is very dangerous, particularly by a pool. They have some responsibility for pressuring you. I am sure you kids all got the "don't peer pressure" education that all American kids have drilled into them. You are right - they were not a good group of friends.

    Fourth, your friends should not have left you in that condition alone at the party. Every single person at that party who did not intervene who was aware of what was going on had a responsibility as a human being to intervene, throw a towel over you, get you to stop drinking and away from the pool. They frankly should have called your parents and let the chips fall because your safety was more important than keeping a party secret.

    You also had responsibility. You are not clear on the level of consent you communicated to this boy. Clearly if you are being traded between boys, they know they are not in a loving relationship and are taking advantage of your state. If they were drunk off their butts too and also immature minors, given your own irresponsibility in getting wasted and naked at a party, I would not prosecute. I would, however, communicate to them in no uncertain terms that what they did was assault, and that you are not pressing charges only because you accept your part in the situation. I would make clear to them that the law would hold them responsible more than you given that they did not have to act in a predatory way - you did not invite them to do that.

    If the boys were older than you, depending on the state you were in and the applicable laws, it may be considered statutory rape. Age plays a big role in how I would personally handle this situation. If you were 15 and this is some 24 year old doing this, I'd prosecute. If you were 15 and he was 16 and you were all being idiots together, I'd clear the air directly with the guy, get counseling for yourself to both heal from this violation of trust and of your body, and the betrayal by these so-called friends, and also to build your confidence so you can firmly set boundaries regardless of outside pressure in the future.

    I am very sorry this happened to you. I know some will argue that no matter what a woman does, the guy is guilty if he takes advantage, but I don't think it's quite that cut and dry. If you're actually naked at the party, and we don't know what else you might have been doing - maybe acting sexy to fit in with the other girls or whatever - it's not 100% true to say that you were not inviting sexual attention. If you kind of sort of consented and didn't say "no", I think the question of assault gets pretty muddy. From a moral standpoint, I don't think any gentleman or any lady has sex with a partner who is obviously bombed. Rather, a decent person throws
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #3

    Dec 6, 2017, 02:53 PM
    My question is: Was I sexually assaulted this night or sexually harassed the weeks following? I ask because we were both intoxicated, I agreed and partook in the activity. However, I was alone, unaware of everything happening, and was harassed about it after.
    It's not assault if you agreed, not harassment if it's the truth. The more important question for you is did you LEARN from your drunken experience?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Dec 6, 2017, 03:49 PM
    Technicals:
    What has been said above, plus
    1. If you were under 18, you were a minor, and a minor cannot 'consent' to sex, because a minor is considered to be too naive and unable to make good decisions.
    2. Laws regarding statutory rape go by state. Much here will depend on your state, your age, and his age.
    3. There is a SOL (statute of limitations) for actually CHARGING someone with rape. That is why you don't see any of the men in the news in court. They can lose their jobs or political post based on opinion only. So we need to also know when this was.

    I suggest that YOUR parents didn't teach you how to think like a mature teen, and they allowed you to go to this party. Bad parenting is not your fault.
    TEENS WANT TO PLEASE THEIR PEERS!!! They agree to all sorts of things too easily. Look at the college fraternity pledges who DIE.

    YES of course many of us older adults went through this sort of situation.

    Depending on your answers to my numbered questions, you might have been technically raped.

    Afterwards? That's plain old bullying. Face them. Say without cringing ''Look, I learned something that night. Now grow up and let it drop.''
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #5

    Dec 7, 2017, 12:14 AM
    No, you weren't sexually assaulted, and here's why. You consented. It doesn't matter if you said no a million times before that, because the guy didn't have sex with you all the times you said no, you didn't get up and leave, you stayed and once you said yes, that's consent, and therefore not rape.

    Regretting a drunken night of stupid decisions does not make it rape. Caving in to peer pressure does not make it rape. Rape is when you say no, and despite saying no, the guy forces you to have sex. You admit that that's not what happened.

    I get that you regret this decision, and I'm sorry that you did this and now have to face the consequences, but that's part of growing up, learning from your mistakes. I suggest you see this for what it is, a stupid decision on your part, and something that you'll never do again.

    Good luck.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #6

    Dec 7, 2017, 05:14 AM
    This question was asked under Law. Moralizing and opinions about teenage foolishness are a separate topic.
    To repeat, in the US, there may or may not be any such thing as consent to sex by a minor, according to each state's laws.

    Without her age at the time, his age at the time, what state this was, and when this was, we cannot answer.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #7

    Dec 8, 2017, 09:57 AM
    No to both. Regardless of peer pressure, you agreed. Then,you weren't harassed, you were ridiculed.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #8

    Dec 8, 2017, 04:22 PM
    Funny, years ago I was almost kicked off this site for not sticking to the Law under Law!
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #9

    Dec 9, 2017, 02:33 PM
    The poster says "when I was in highschool", so I'm assuming she's no longer in high school and that this happened some time ago. Isn't there a specific amount of time for her to file charges?

    Also, if it was a high school party than it's most likely that the boys that were there, the one that she had sex with, was most likely her age or very close to it. Statutory rape does take into consideration the age of both parties, not just the female. If they were both underage, depending on the laws where she lives, unlikely that she'd be able to file charges for statutory rape, and rape or assault is out of the question because she consented.

    In other words, I don't think this is a case that would ever have an outcome based on statutory rape laws.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #10

    Dec 9, 2017, 02:47 PM
    I covered all that. She didn't respond.

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