Did She Consent?

Decisions about consent and guilt are formed outside the courtroom; judges and jurors bring preconceived attitudes into the courtroom which ultimately impact on the decisionmaking process. Determining whether a sexual act is consensual often comes down to a 'he said, she said' debate. With sexual assault allegations that involve alcohol consumption by either the complainant or the accused perpetrator, this may be even more pronounced. Decision-makers may rely on pre-existing beliefs about consent and guilt shaped by perceptions about gender, alcohol consumption and sexuality such as the view that when a woman voluntarily becomes intoxicated and acts in a flirtatious or sexually promiscuous manner, she has thereby consented to any sexual activity that follows. She is seen to bear responsibility for what happens and the issue of consent becomes shrouded in victim-blame.