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Sexual Assault I don't know if i was raped or not? looking for some opinions.

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Hey all. I'm completely new to this type of thing so I apologize if this post is triggering in any type of way, but I'm really looking for some clarity and I feel as though I've exhausted all my other options and need to get some outside input.

To begin with, I want to make extremely clear that I take responsibility for many of the things that happened in this story, and I fully understand that I put myself in a dangerous situation. I have had enough drunk experiences to know for certain that I get extremely flirty and sexual when I drink, and made the decision to get drunk this night anyway. But something does not sit well with me about this night and I can't stop thinking about the possibility that I was sexually assaulted. This occurrence happened almost 3 months ago and I was 18-years-old, so able to legally give consent. The issue is that I was extremely, EXTREMELY drunk.

To give some context, this man is my brother's best friend and roommate who I had met on a number of occasions. There were two prior instances where I was drunk and engaged in sexual acts with this man, but he always refused to have sex with me while I was intoxicated. We had shared some intimacy while I was sober as well, so this was by no means an isolated incident. In fact, prior to this potential assault, this man and I had been "talking" and were on the verge of dating. We had discussed having sex. I had openly admitted to him that I wanted to get my virginity out of the way and had somewhat agreed to sleep with him at some point. Before going to this man's house, I had even texted my friend and nervously told her that I thought I might be losing my virginity that night. However, I mentioned on several occasions to this man that I didn't want to be drunk when I lost my virginity.

On this night, I had been drinking an excessive amount of wine. I had drank several liters in under an hour, and I am a lightweight, so I was gone pretty quickly. I distinctly remember laying on the couch with him at one point and asking him to get me another cup of wine. When he asked why I couldn't get it myself I replied that I was so drunk I didn't think I could walk. That is my last absolutely concrete memory from that night.

I found text messages on my phone later of me texting this man in extremely jumbled words and sentences. I was clearly intoxicated, and he was completely sober. I don't remember going into his bedroom. I don't remember taking off my clothes. I distinctly remember asking him if he had a condom and when he replied that he did not I was uncomfortable but made no move to stop him. I vaguely remember him asking if I was sure about this and I replied with a "yes." The next few hours are a complete blur to me. I remember various positions and a few jumbled conversations we had, but I wasn't really reciprocating anything. I was just kind of laying there. I remember my limbs kind of felt like lead, and he was definitely holding me up at certain points because I couldn't hold my own weight.

But I don't remember a single moment in the night where I put up any kind of a fight or asked him to stop. He was not forcing me to do anything. I do not think he had cruel intentions. I wanted it. I was willing. But I was also extremely intoxicated. I remember feeling numb. I remember my vision was blurry and the room looked hazy and I couldn't focus my eyes on anything. I don't know if I could have gotten him to stop if I wanted to, but I also didn't try.

When we discussed this night the next day, the man told me that I was acting like a completely different person. He mentioned things that I have absolutely no recollection of, such as knocking over furniture, yelling, crying, etc. He even admitted jokingly later how he barely knew me sober because he was so used to seeing me completely trashed.

So here is my question- does it count as sexual assault just because I was drunk? I don't necessarily regret sleeping with this man, but I regret how it happened. But again, I know that regretting sex doesn't mean it was rape. But that night replays in my head all the time. I don't remember so much of it. All I have are disjointed and hazy memories with no idea how things started or how they ended. I didn't say no but technically I wasn't in a position to give consent either, even though I did. Obviously he SHOULD have waited until I was sober...but is it rape just because he didn't?

All I know is that I have gone through that night over and over in my mind every day since it occurred, and that I blame myself for it and for not putting up a fight. I would appreciate any and all input on this because I really don't know what to think. I take responsibility for making bad choices and getting myself into that situation, but there's still a part of me that feels like I was not completely in control of what happened and the man is somewhat at fault.
 
You consented when sober and never gave an indication of “no” at any point. For all intents and purposes, this guy got the green light go ahead from you.

Count this as a regrettable sexual experience.

Please don’t ruin this guys life and accuse him of assaulting or raping you. He does not deserve that.

I suggest you stop drinking.
 
Hi @25001001166940 - I agree with @EveHarrington - you probably should have a think about your drinking. I don't know the law in your country and I cannot give legal advice.

I vaguely remember him asking if I was sure about this and I replied with a "yes."
So you texted a girlfriend you were going to consent to sex with this man, you gave consent at the time before & did not withdraw consent.

I do not think he had cruel intentions. I wanted it. I was willing.
You were a willing participant in this liaison.

I don't know if I could have gotten him to stop if I wanted to, but I also didn't try.
Then if you don't know what you could have done because you did not try to stop him....it's inconclusive.

I regret how it happened. But again, I know that regretting sex doesn't mean it was rape.
Yes.
I didn't say no but technically I wasn't in a position to give consent either, even though I did.
You gave consent and you did not withdraw consent. You said you also 'didn't try to stop him'....so I am not sure where the technically part comes in. Sorry I don't understand this.

Obviously he SHOULD have waited until I was sober...but is it rape just because he didn't?
Why...should he have waited? Was there some agreement between you both that you were going to have sex but only when you were sober?
Is he responsible for your sobriety?

I blame myself for it and for not putting up a fight.

I don't think you should blame yourself. I don't think you should blame him either. I don't know why you would have been wanting to fight. You consented to this situation all the way through. Regretting it afterwards is regretting...that's all.

I take responsibility for making bad choices and getting myself into that situation, but there's still a part of me that feels like I was not completely in control of what happened and the man is somewhat at fault.
If you get seriously drunk that is your choice. Your lack of control does not automatically mean he was at fault.
You are responsible for making all the choices you make. You are an adult but you are young. Get checked out for any diseases because of the unprotected sex. Address your drinking and your known behaviour when you are drunk. If you know you are like this when drunk then maybe you need to decide when being drunk is a good option for you.

I'm sorry you regret this but I reckon a lot of people have regretted having sex with someone at some stage in their life. It is a learning experience. Take it and grow.
 
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If you were too drunk to consent, you were too drunk to consent.
It's possible that you were incapable of consenting, but he THOUGHT you were consenting.
So he needs some schooling in what "consent" means. Most people do.
I'm sorry you had this experience.
 
If you were too drunk to consent, you were too drunk to consent.
Except she went there expecting to have sex (ie the text to her friend saying she thought she would), he asked if she was sure and she said yes, he’s used to her drinking heavily around him and they had already established an intimate relationship when sober and has agreed to sleep with “at some point” so I think it’s reasonable for him to think he had consent. Particularly given she asked about protection, so clearly knew they were having sex and didn’t express her discomfort or stop him.

It’s regrettable sex, yes but rape is a serious charge to bring given he did ask, she said yes and never withdrew consent. Drunken sex is not the same as rape, very drunken sex in the context of a consensual intimate relationship isn’t rape, very drunken sex that someone remembers consenting to, and not objecting to is not rape.
 
Sorry.
It does depend on the consent laws that apply wherever you are.
I think part of the problem is we're all going off different standards.
Maybe we're not the best people to ask, on here, because we're all super sensitive about rape and sex and things in general.
I deliberately didn't say it was rape.
My personal feeling is... It's a bit black-and-white to suggest there is only "super-super-bad-rape" and "loving, super-hot consensual sex."
It may not meet the legal standards for rape, and in fact, I don't reckon you'd have much luck with a jury.
So if you're asking me that, I'd say no. But my impression is that that wasn't what you were asking.
I also don't require people to prove things in a court of law before I believe them.
Sure, it might not have been rape. But it was pretty dodgy. I don't think that you would have had sex with someone that was as intoxicated as you were. Even though he did ask, and he did think that you were consenting based on prior experiences, I don't think that he did the right thing by you.
 
The thread title is “I don’t know if I was raped or not”, so the OP is asking whether her experience amounts to rape. That’s a different question to whether her partner was entirely honourable in his dealings with her (no), whether he took advantage (yes), whether the situation was horrible (yes), whether she has the right to have feelings about it (of course she does).

It’s not about needing a court of law to be believed, or whether it was super bad/super hot sex. She asked if it amounted to rape.

Regardless of whether it was or wasn’t rape, OP, you’re entitled to have whatever feelings you have about it, you’re entitled to care and kindness and to support. It doesn’t need to have a particular label to have been a horrible experience or indeed to have felt traumatic.
 
I hope that people don't honestly believe that all drunken sex is rape. Many people want to have sex while drunk. Many people actually do consent while drunk because they wanted to have sex! I don't think its as simple as saying you cannot consent while drunk. And what about CSA/SA/rape victims who only have sex while drunk? Are you saying that they are raped over and over and over again, even though they get drunk on purpose just so that they can have sex? I'd argue no. And if you think all drunken sex is rape, then how many products of rape are out there? Oh, mommy and daddy had sex while drunk, ergo you're a rape baby! No, just no. Its not so black and white.
 
I really do appreciate everything you all have posted. I definitely agree that the word "rape" seems harsh to describe this situation, hence why I am reluctant to label it as such or speak to anyone about it at the risk of being insensitive to those who have indeed been raped. I never had any intention of pressing charges, confronting this man, reporting the incident, etc. I more just needed clarity for my own peace of mind because this incident was so horribly nagging me to the point my grades were dropping, I could not sleep, etc.

I tend to agree with those of you who said I should have been more vocal about any lack of consent prior to the act. My actions and words were easily construed as consensual and I cannot blame the man for having interpreted them as such. I do believe I was in and out of consciousness throughout the night though, and that definitely plays a part in my feelings of violation. But at the end of the day I do accept that there were many many steps I should have taken to prevent what happened. Thank you all for the input.
 
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