Hi All,
I'm hoping to get a better understanding of the law as it applies to sexual consent in the context of the scenarios described below. After reading the following page on sexual assault from NSW police website (Adult Sexual Assault - NSW Police Force) the key points I'm wanting to get a better understanding of are:
- the right to withdraw consent at any time before or during sexual activity. (But obviously not after)
- the use of non-violent means such as trickery and coercion to obtain consent
Scenario 1:
Bob and Alice used to be in a sexually intimate relationship but are now just close friends. Alice still has strong feelings for Bob and wants to get back together with him, but Bob wants to pursue other women and just keep Alice around as a friend.
One day, Bob and Alice are alone together at Bob's house. Bob says to Alice that he is highly sexually aroused and asks Alice to perform oral sex on him. Alice initially says "No" to performing oral sex on Bob, but then Bob touches Alice sexually causing Alice to become highly aroused herself. Alice then consents to performing oral sex on Bob on the condition that Bob reciprocates afterwards by performing oral sex on her. Bob agrees to this and Alice performs oral sex on Bob until he is satisfied. After Bob is satisfied he says to Alice that he never had any intention of reciprocating and tells her to go home.
Bob obviously has the right to withdraw his consent at any time and has clearly exercised this right after Alice has sexually satisfied him.
Alice believes that Bob has coerced (by deliberately turning her on) and tricked her into performing oral sex on him (by promising to return the favour when he had no intention of doing so).
Has Bob committed an offence?
Could Police charge Bob with an offence if Alice complained to police?
Scenario 2:
Same circumstances as Scenario 1 but this time while Alice is performing oral sex on Bob, Bob asks Alice questions like "Does my penis look any different to you? Does it taste any different? How does it taste? Are you sure it tastes good? "
Alice knows Bob very well and believes that Bob is deliberately implying to her that he has slept with another woman and possibly also setting her up to be the butt of a cruel joke. Alice knows that Bob has been seeing other women and believes that he is waiting for Alice to say "Yes, it tastes amazing", then after he is satisfied will say something like "Haha! I had sex with another woman today! You must be a lesbian because you like the taste of vagina!" Alice stops performing oral sex on Bob and says "I am going to stop if you keep asking me that." Bob begs Alice to keep performing oral sex on him and promises to stop asking her these questions. Alice is very annoyed at Bob but continues to perform oral sex on him until he is satisfied. Once Bob is satisfied, he refuses to reciprocate for Alice just as in Scenario 1. Alice is very upset and believes that Bob is deliberately emotionally abusing her. Alice feels as though Bob has tricked her into performing oral sex on him and is considering making a complaint to police.
Has Bob committed an offence?
Could Police charge Bob with an offence if Alice complained to police?
Scenario 3:
Same circumstances as Scenario 1 but this time imagine that the events of Scenario 1 have already happened on two previous occasions. This time (on the third occasion) Alice offers to perform oral sex on Bob and Bob accepts her offer. Alice knows from experience that Bob will not reciprocate after he is satisfied, so she deliberately stops performing oral sex on him just before he is satisfied, knowing that it will leave Bob feeling frustrated. Bob urges Alice to keep going and says "I promise I'll reciprocate this time!" But Alice laughs and says "No you won't" and goes home, leaving Bob frustrated.
Has Alice committed an offence? (Bob may not have consented if he know what Alice intended to do)
Final question: Is it safe to assume that "sauce for the goose is sauce for the gander" and that police would take the same actions (if any) if Bob and Alice's roles were reversed?
I'm hoping to get a better understanding of the law as it applies to sexual consent in the context of the scenarios described below. After reading the following page on sexual assault from NSW police website (Adult Sexual Assault - NSW Police Force) the key points I'm wanting to get a better understanding of are:
- the right to withdraw consent at any time before or during sexual activity. (But obviously not after)
- the use of non-violent means such as trickery and coercion to obtain consent
Scenario 1:
Bob and Alice used to be in a sexually intimate relationship but are now just close friends. Alice still has strong feelings for Bob and wants to get back together with him, but Bob wants to pursue other women and just keep Alice around as a friend.
One day, Bob and Alice are alone together at Bob's house. Bob says to Alice that he is highly sexually aroused and asks Alice to perform oral sex on him. Alice initially says "No" to performing oral sex on Bob, but then Bob touches Alice sexually causing Alice to become highly aroused herself. Alice then consents to performing oral sex on Bob on the condition that Bob reciprocates afterwards by performing oral sex on her. Bob agrees to this and Alice performs oral sex on Bob until he is satisfied. After Bob is satisfied he says to Alice that he never had any intention of reciprocating and tells her to go home.
Bob obviously has the right to withdraw his consent at any time and has clearly exercised this right after Alice has sexually satisfied him.
Alice believes that Bob has coerced (by deliberately turning her on) and tricked her into performing oral sex on him (by promising to return the favour when he had no intention of doing so).
Has Bob committed an offence?
Could Police charge Bob with an offence if Alice complained to police?
Scenario 2:
Same circumstances as Scenario 1 but this time while Alice is performing oral sex on Bob, Bob asks Alice questions like "Does my penis look any different to you? Does it taste any different? How does it taste? Are you sure it tastes good? "
Alice knows Bob very well and believes that Bob is deliberately implying to her that he has slept with another woman and possibly also setting her up to be the butt of a cruel joke. Alice knows that Bob has been seeing other women and believes that he is waiting for Alice to say "Yes, it tastes amazing", then after he is satisfied will say something like "Haha! I had sex with another woman today! You must be a lesbian because you like the taste of vagina!" Alice stops performing oral sex on Bob and says "I am going to stop if you keep asking me that." Bob begs Alice to keep performing oral sex on him and promises to stop asking her these questions. Alice is very annoyed at Bob but continues to perform oral sex on him until he is satisfied. Once Bob is satisfied, he refuses to reciprocate for Alice just as in Scenario 1. Alice is very upset and believes that Bob is deliberately emotionally abusing her. Alice feels as though Bob has tricked her into performing oral sex on him and is considering making a complaint to police.
Has Bob committed an offence?
Could Police charge Bob with an offence if Alice complained to police?
Scenario 3:
Same circumstances as Scenario 1 but this time imagine that the events of Scenario 1 have already happened on two previous occasions. This time (on the third occasion) Alice offers to perform oral sex on Bob and Bob accepts her offer. Alice knows from experience that Bob will not reciprocate after he is satisfied, so she deliberately stops performing oral sex on him just before he is satisfied, knowing that it will leave Bob feeling frustrated. Bob urges Alice to keep going and says "I promise I'll reciprocate this time!" But Alice laughs and says "No you won't" and goes home, leaving Bob frustrated.
Has Alice committed an offence? (Bob may not have consented if he know what Alice intended to do)
Final question: Is it safe to assume that "sauce for the goose is sauce for the gander" and that police would take the same actions (if any) if Bob and Alice's roles were reversed?