"BLURRING THE LINE:" INTOXICATION, GENDER, CONSENT AND SEXUAL ENCOUNTERS AMONG YOUNG ADULTS

Recent research involving consent, alcohol intoxication, and memory: Implications for expert testimony in sexual assault cases

When adjudicating sexual assault cases, it is imperative that attorneys are educated on the incident characteristics relevant to their case and that expert witnesses are prepared to consult and/or testify regarding relevant science. Most reported sexual assault cases occur when at least one of the relevant parties has consumed alcohol, which has neurochemical, behavioral, psychological, and cognitive effects that are important to consider relative to the facts of the case. Nearly a decade ago, Connell (2015) provided an overview of research relevant to an expert witness's role in these types of cases. In the current review, we extend Connell's (2015) work by examining recent research examining alcohol intoxication and memory. We also expand our review to include current research examining alcohol use in voluntary sexual behavior and issues of sexual consent, as it provides both a legal and conceptual framework for the discussion of sexual assault crimes. The goal of the review is to highlight implications of the scientific research on legal decision-making and potential expert testimony.

A Within-Person Examination of Alcohol-Involved and Non-Alcohol-Involved Internal and External Sexual Consent Communication

OBJECTIVE

External consent communication and internal consent feelings may be influenced by alcohol consumption. However, whether the way someone communicates sexual consent differs when alcohol is or is not involved is not well understood. The goal of this study was to assess the within- and between-person effects of alcohol use, gender, and sexual identity on internal and external consent.

METHOD

Young adults (n = 375) completed a 10-minute web-administered survey about their internal and external consent in a recent alcohol- and non-alcohol-involved sexual encounter. External consent included five different behaviors to communicate consent. We conducted a repeated-measures analysis of variance to assess the within- and between-person effects of alcohol use, gender, and sexual identity on internal and external consent.

RESULTS

Internal consent did not differ across sexual experiences or identities. In alcohol-involved encounters, there was a decreased use of implicit communication. Heterosexual women used more verbal communication during alcohol encounters than during sober encounters. Compared with men, women used more nonverbal and implicit communication across encounters.

CONCLUSIONS

Alcohol use did not influence internal consent and was associated with a reduced use of implicit communication. The disinhibiting effects of alcohol may lead people to feel more confident and open about expressing their sexual desires. Affirmative consent initiatives can use findings to encourage more clear communication and continue to educate on gender differences in sexual consent.

Alcohol's Role in Sexual Decision Making in First-Year College Women: An Event-Level Assessment

Sexual decision making is often grounded in social scripts that can be detrimental to women's healthy relationship and sexual development during the transition to college. Little is known about the malleable decision-making processes and drinking behaviors that influence sexual behaviors from day-to-day. We examined whether women were more likely to engage in sexual behaviors on days they had higher intentions and willingness to engage in sex or drink alcohol. We also explored interactions between sex- and alcohol-related decision constructs. Eighty-two first-year college women completed 14-days of ecological momentary assessment, reporting on alcohol- and sex-related intentions and willingness (3x daily) and daily drinking and sexual behaviors. We found partial support for our hypotheses: intentions and willingness to have sex were positively associated with sex behaviors, but willingness to drink was negatively associated with sex behaviors. Heavy drinking was associated with sexual behavior, even when women indicated no prior willingness to engage in sexual behavior on those days. Findings highlight the need to address event-level variability in sexual decision making, with a particular focus on how alcohol impacts these processes. Further, the robust association between sexual intentions and behavior suggests intention setting may be a particularly useful sexual empowerment education tool.

Adults' Understandings and Experiences of the Capacity to Consent to Substance-Involved Sexual Activity

Most research on capacity to consent to substance-involved sex has focused exclusively on the implications of alcohol with little attention given to other or additional psychoactive drugs. This study aimed to explore people's understanding and experiences of the capacity to consent to alcohol- and/or drug-involved sexual activity. UK adults (N = 354) completed an online mixed-methods survey on sexual consent during sober, alcohol- and/or drug-involved sex. Qualitative data were analyzed using thematic analysis. Themes for capacity to consent were: (1) "There is no normative understanding of substance-involved sexual consent," (2) "Moving beyond the binary of consciousness versus incapacitation" and (3) "Substance-involved sexual decisions are viewed as irresponsible." The findings illustrated that capacity to consent is nuanced and multidimensional, and that people's understandings and experiences of capacity to consent to substance-involved sex are not solely individual, but rather, they are also shaped by their environment. We call for a multidimensional view of capacity to consent, where a standard of "unimpaired," rather than sober, is used and modeled by academics, legislators, and educators.

Subjective evaluations of alcohol-involved sexual experiences over time among heavy-drinking college students: Comparisons across gender

The current study described how positive sexual experiences impact hypothetical subjective evaluations at follow up relative to baseline. Eighty-eight college students who engaged in weekly heavy episodic drinking participated. At baseline, participants reported alcohol use and hypothetical evaluations of alcohol-involved sexual experiences. During a 28-day ecological momentary assessment (EMA), participants completed next morning surveys and reported whether they engaged in a sexual/romantic experience and subjective evaluation of any sexual/romantic experience. At follow-up, participants re-reported all hypothetical evaluations. Associations between baseline and follow-up evaluations for "living out a sexual fantasy" and having an "alcohol-facilitated sexual experience" were not moderated by gender or positive sexual experiences. However, associations between baseline and follow-up "alcohol-intensified sex" were moderated by gender and having a positive sexual experience during the EMA study. Among women who had a positive sexual experience, evaluations of alcohol-intensified sex remained stable over time. For men who had a positive sexual experience, evaluations at follow up became less positive relative to their evaluations at baseline. Whereas positive sexual experiences served to confirm positive evaluations over time for women, evaluations decreased for men. Women and men who did not engage in sexual experiences did not need/rely on actual lived experiences in order to maintain their positive evaluations over time. Placing such a high emphasis on alcohol on intensifying sex without actual lived experience of negotiating consent when drinking could place college students at increased risk of sexual perpetration/victimization.

"You kind of blame it on the alcohol, but. . .": A discourse analysis of alcohol use and sexual consent among young men in Vancouver, Canada

There is growing awareness about issues of sexual consent, especially in autonomy-compromising or "non-ideal" contexts, including sex involving alcohol. Understanding the conditions needed for consensual sex to occur in this emergent milieu is critically important, especially for young men (ages 18-30 years) who normatively combine drinking alcohol with sex and are most often perpetrators of sexual violence. This study offers a discourse analysis of young men's alcohol use and sexual consent. Data are drawn from qualitative interviews with 76 young men (including gay, bisexual, queer, and straight men) in Vancouver, Canada, from 2018 to 2021. Informed by Kukla's non-ideal theory of sexual consent and critical and inclusive masculinities, this analysis identified three discursive frames: careful connections, watering it down, and blurred lines. In careful connections young men discussed their efforts to actively promote sexual and decisional autonomy for themselves and their sexual partners when drinking. Yet, in watering it down young men invoked discourses of disinhibition, deflection, and denial to normalize alcohol use as being somewhat excusatory for sexual violence, downplaying the role and responsibility of men. Lastly, men operationalized blurred lines through a continuum of consent and of "meeting (masculine) expectations" when discussing sexual violence and victimization while intoxicated. Together, these discursive frames provide insights into the gendered nature of sexual violence and the extent to which idealized notions of sexual consent play out in the everyday lives of young men who use alcohol with sex. Findings hold philosophical and pragmatic implications for contemporary efforts to scaffold sexual consent.

Ambiguous Encounters: Young women's expectations and experiences with intoxicated sexual relations in Danish nightlife

This article is based on 28 in-depth interviews with young women (18–25) about their experiences with intoxicated sexual encounters in Danish nightlife. Little research has examined the role intoxication plays in the processes of consensual and non-consensual sex. Using theories of intoxication and sexual scripts, this article focuses on how alcohol is used and perceived by these young women as a potential way of modifying behaviours and norms in their sexual encounters; how they characterize sexual consent and how they navigate intoxicated behaviour that can result in inappropriate, transgressive or victimizing situations. While the women talk about pleasurable and regrettable experiences, many described situations took on a much more ambiguous, fluid and nuanced role. The study points to the lack of knowledge on how ambiguity may play an active role in managing processes of sexual consent in intoxicated settings, especially for the youngest age groups.

Just One Shot? The Contextual Effects of Matched and Unmatched Intoxication on Perceptions of Consent in Ambiguous Alcohol-fueled Sexual Encounters

The current research examined how contextual factors-the quantity of alcohol consumed by each partner, and whether this quantity matched-influenced how alcohol-fueled sexual encounters were perceived with regard to consent, coercion, sexual assault, and perceived responsibility of the focal partner for the outcome of the encounter. Across four studies (Ntotal = 535), participants read vignettes in which one person described a sexual encounter they had following a night out drinking. These scenarios differed within studies as a function of quantified alcohol consumed (1 shot; 15 shots) and whether both people in the vignettes consumed the same amount of alcohol (matched; unmatched). They also differed between studies as a function of whether the couples described were mixed gender or same gender. Across all four studies, scenarios in which both people in the scenario consumed different quantities of alcohol (i.e., 15 vs. 1 shot) were seen as less consensual, more coercive, and more likely to be an assault compared to scenarios where consumption was matched, especially at lower levels of intoxication (i.e., 1 shot each vs. 15 shots each). However, focal partners were also seen as less responsible for the outcome of the interaction when levels of intoxication were unmatched compared to matched. This pattern replicated across scenarios depicting same-gender and mixed-gender couples. These findings suggest that people prioritize information regarding whether sexual partners are "matched" or "unmatched" in terms of their intoxication when evaluating whether ambiguous sexual encounters are consensual and perceived individual responsibility.

Hey ChatGPT, Let's Talk About Sexual Consent

Access to sexual health education, such as education on sexual consent, is limited in the US. Artificial intelligence (AI), such as ChatGPT, provides a potential opportunity to increase access to sexual consent information and education. However, what ChatGPT knows about sexual consent and if this aligns with the current evidence-based literature on sexual consent is unclear. The goal of this research commentary was to explore what ChatGPT knows about sexual consent with a focus on: 1) the definition of consent, 2) how consent could be communicated, and 3) the impact that substances have on consent. We also examined the reliability of ChatGPT's responses by having three different researchers ask ChatGPT the same set of questions. Across our questions, ChatGPT provided similar and comprehensive responses that discussed key features of consent - that consent is freely given or reversible. ChatGPT provided examples of different verbal and nonverbal cues people can use to communicate and interpret consent and discussed the ways that substances can impact consent communication. Overall, ChatGPT could be a potential resource for educators and young people who seek information about sexual consent; however, we should proceed with caution. ChatGPT is not a replacement for an educator but rather a way to increase access to education.

Playing at the edges, navigating sexual boundaries, and narrating sexual distress; Practices and perspectives of sexuality and gender diverse people who use GHB

BACKGROUND

Research addressing sexualised use of GHB to date has largely focussed on gay and bisexual men's GHB use in the context of chemsex, this research has highlighted risks and experiences associated with sexual violence. No studies have included people of diverse sexualities and genders and documented reported practices to ensure mutually gratifying and consensual sex in the context of sexualised drug use (SDU).

METHODS

Semi-structured interviews were conducted with 31 people from sexuality and gender diverse communities living in Australia who reported three or more occasions of GHB use in the previous 12 months. Participants were asked about their use of GHB for sex, their experiences of GHB sex and their approaches to negotiating sexual boundaries. Data were analysed thematically.

RESULTS

Most participants valued the sexual possibilities enabled by disinhibitory components of GHB and were cognisant of respecting other's sexual boundaries in the context of GHB sex. Participants reported strategies to ensure communication prior to and throughout GHB sex. However, several participants narrated experiences of GHB sex that they felt were distressing and, in some circumstances, sexually violent. In most instances participant's resisted terminology of sexual violence or non-consent as descriptors of their experience and none reported accessing sexual violence services.

CONCLUSION

Positive strategies to facilitate sexual communication prior to and throughout GHB sex should be reflected in health promotion and service level responses to promote affirmative and continuous consent among people who use GHB for sex. Education initiatives to help people engaged in SDU to recognise and respond to sexual violence if it occurs ought to be prioritised.

Rethinking intoxicated sexual encounters

Social research on alcohol and sexual encounters has tended to be siloed into several different research endeavors, each addressing separate aspects of wanted and unwanted sexual encounters. While sociologists have focused on the patterns of social interaction, status competition, and emotional hierarchies of sexual encounters, they have left the role of alcohol intoxication largely unexamined. Conversely, the two dominant approaches to sexual encounters within alcohol research, the theories of alcohol myopia and alcohol expectancy, while focusing on alcohol have tended to take little account of the socio-relational dynamics and gendered meanings involved in those encounters. Our aim in this theoretical paper is to begin to bring together some of the concepts from these different research strands in examining how the social processes of intoxication potentially impact heteronormative sexual scripts and hence notions of femininity and masculinity among cisgender, heterosexual women and men. Our discussion is focused on the concepts of ritual and scripts; power, status, and hierarchies; and socio-spatial contexts, which are central to an understanding of the gendered and embodied social practices that take place within intoxicated sexual events; the emotional nature of the socio-spatial contexts within which they occur; and the socio-structural conditions that frame these events.