Same Sex Sexual Assaults

It cannot be underestimated that members of the LGBTQ+ community face particular difficulties in reporting sexual violence, however cases are reported, and members of the community can be falsely accused and must be defended appropriately taking into account all the factors that make such cases different to those of same sex allegations. 

There are a variety of places where some gay men meet specifically for sex, either anonymously or to meet the same man or group of men and there may be specific issues to consider in relation to this.  All attendees at public sex environments will attend voluntarily, however the nature of the environments can open men up to vulnerabilities, particularly to false allegations being made against them. 

Dark rooms create particular difficulties if anonymous sexual activity is taking place. Men who deliberately enter such rooms may be looking for sexual activity but then go on to say that particular activity that took place was not what they wanted. Identification can also be a real problem in these types of cases.

There are a number of online apps which are specifically aimed at members of the LGBTQ+ community. In addition to forming friendships and relationships, these apps can extend to arrangements being made for casual sex. Arranging to meet at, or take someone to an unfamiliar place can give one party a degree of power, making the other party vulnerable to allegations. 

Chemsex is the term used to describe sexual activity which occurs when participants are under the influence of drugs taken immediately preceding and/or during sexual activity. Chemsex parties involving large numbers of participants are often advertised via online apps. The drugs most commonly associated with chemsex are crystal methamphetamine (Class A), GHB/GBL (Class C) mephedrone (Class B), cocaine (Class A) and ketamine (Class C). All of these drugs with the exception of ketamine are stimulant drugs in that they typically increase heart rate and blood pressure and trigger feelings of euphoria, but crystal methamphetamine, GHB/GBL and mephedrone also have a common effect of facilitating feelings of sexual arousal. 

These drugs are often taken in combination and are commonly associated with sexual sessions occurring over extended periods of time, sometimes involving significant numbers of sexual partners. There have been an increasing number of reports of rape and/or sexual assaults committed in chemsex settings including of men being deliberately overdosed so they can be raped by one or more men.  

Where allegations are made as a result of sexual encounters at chemsex parties, the questions will arise as to whether the drug use took away a persons capacity to consent. Understanding the law surrounding capacity is extremely important, of course drug use, including alcohol use, does not necessarily prevent a person from engaging in consensual sexual intercourse. 

Women can be accused of sexual offences against both men and women. Although a women cannot be prosecuted for rape, there are other sexual offences that can apply to women such as sexual assault by penetration and sexual assault. 

It is important in all cases that consideration is given to the individual circumstances of the accused, their background, sexual experiences and preferences. 

At Eventum Legal we understand the sensitive nature of sexual allegations, in cases where allegations are made between the same sex this can make it more difficult for the accused to reach out for legal advice and representation due to the embarrassment of the situation or the fear of not being properly understood. 

Our team are approachable and all discussions regarding your case are strictly confidential. We offer a tailored approach to all cases, and unique strategies to defending all sexual offence allegations.