real life

Carla didn't say yes - but she didn't say no. Now she asks: "Was I raped?"

 

Content warning: This post deals with sexual assault, and may be triggering for some people.

I recently read an article published by Clementine Ford titled Was It Rape? In it, she detailed another woman’s story who had been harassed by a man she worked with for weeks. In it, the woman had tried rejecting the man multiple times and he kept questioning why she wouldn’t have sex with him.

Apparently, some men don’t get no. Apparently, some men don’t get no, even when a justification (that shouldn’t even be necessary) is given. Apparently, some men feel so entitled to women that they will not accept no as an answer.

In the end, the woman of this story (which you can read more about here) eventually gave in. She let the man have sex with her. While she let him, she was unwilling in the whole act and had begun to feel afraid about what might happen if she continued to say no.

But was it rape? That’s a question this woman still asks herself, years later.

Several people would argue it wasn’t – because she agreed.

But did she really?

If you were afraid, confused, and harassed – your voice and rejections continually ignored – does your yes actually mean anything?

To me, it doesn’t. To me, if someone experiences such excessive harassment, I’d identify it as coercion – and, in Australia, that would be counted as rape.

However, what if I apply the same logic to myself – in particular, my second ‘boyfriend’. (I’ve mentioned him briefly before – he was the delightful human being who told me he loved me, then dropped me home one day, ghosting me out and telling my best friend at the time I just wasn’t pretty enough. Real classy guy.)

Anyway, this man, was someone I’d always had a crush on in high school. Just after I graduated, he seemed to show some interest in me (he was a few years older than I).

We reconnected via the internet (as all famous love stories do) and, after a few months, he told me he loved me. I didn’t live in the same town as him. When I came back on holidays to visit, we began our so-called ‘relationship’.

I was happy. I remember being cautious, but I was incredibly happy. He seemed to think my cautiousness was silly. “You’re the only girl I’ve committed to since my ex!” he told me.

He loved me, he told me.

I was seventeen, and I wanted desperately to believe him. Looking back, I don’t think I ever did. But I desperately wanted to.

I’m not sure if it was because I liked him so much, or I liked the idea of being in a loving relationship so much.

I had a “sleep over” at his house. (And, just to warn you, this story is not going to end as badly as you might think.) It was beyond exciting, the idea of sleeping at his house, as it wasn’t something I’d really experienced before.

We slept in the same bed – also a completely new experience for me. We did a lot of kissing – and he was the second man I’d ever kissed. And then, without warning, without asking, he put his fingers inside me.

I remember being shocked, and pulling back. He mistook my recoil for enthusiasm, and he told me, “Don’t worry – we can do everything but sex.”

I didn’t know what to say, or even how to reply. I felt like my voice had been taken from me; for the first time in my life, words failed me.

I felt like I couldn’t say no – he’d already started. How do you say no when it’s already happened? Wouldn’t that make me a cock tease? I thought desperately.

Worst of all, he seemed to think that I liked it. He was older than me – maybe he was used to this type of behaviour, had come to expect this reaction from other women. Perhaps I was overreacting, I told myself. Maybe this was how I was meant to respond. After all, I’d been late to the dating game – and the first guy I’d ever really ‘dated’ (briefly, also) turned out to be gay, so my track record wasn’t great.

I didn’t want him not to like me, so I stayed silent. I felt trapped – how does one say no when they didn’t realise the situation they were in was even going to happen? I’d discussed with him my virginity, its importance to me, and my lack of sexual history.

To me, I thought I’d clearly highlighted my concerns, and my wishes that our relationship would go “slow”. Perhaps I hadn’t been clear enough, I told myself. Perhaps, I’d thought at the time, it was my fault because I wasn’t clear enough.

Regardless, he never gave me the chance to decide.

I do know, however, that while my words didn’t say no, apparently my body did. After he “dumped” me without another word (except to my former best friend), I ended up going to the hospital. I hadn’t stopped bleeding for almost two weeks at this stage.

During an internal exam, it was revealed that I’d been scratched deeply inside and the wound had gotten infected and hadn’t healed properly (hence all the bleeding).

“Common during first time experiences if the woman is tense,” the doctor told me. “Nothing to worry about.”

I, personally, felt quite differently. I felt violated. Worthless. Meaningless.

Someone had taken my first real sexual experience from me, and I hadn’t stopped him – to me, it didn’t matter that we hadn’t had sex. To me, that had been an intimate moment; a moment I had wanted to save until I was ready.

I felt weak. I’d been physically and emotionally hurt.

Obviously, my experience is very different to the one I just mentioned.Technically, it could be legally classified as rape under Queensland’s law code.

Like I mentioned in my post, Let’s Talk About Consent:

(2) A person rapes another if:

(a) the person has carnal knowledge with or of the other person without the other person’s consent, or;

(b) the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent” (Queensland Criminal Code Section 349).

So, technically, legally, one could argue that yes, I was raped. But was it rape?

If I didn’t say no, didn’t try to stop it (even if my body did), could I cry rape?

(Let me be clear: I’m sharing this particular story because I do not – at least I would not, personally, label this man a rapist, nor in this instance call myself a rape victim. While I felt violated at the time, I would not have labelled myself as a rape victim then, either – and again, I still don’t in regards to this situation. I’m sharing it because I have very few emotional ties to this story, and I think it poses a hugely valid question that so many people – of all genders and sexes – should never have to ask themselves. And, many years later, in a similar situation with a different man – I found my voice and I said no. He tried, multiple times to touch me, to convince me, but I was stronger the second time round; and far more certain of my wants. I also had decided that if a man couldn’t handle my “No”, he wasn’t a man worthy of dating, no matter how much I liked said man.)

A campaign was run in Norway to explain the different between consent and rape to men, watch it below (post continues after video).

I’ve written about rape culture before. And male entitlement. I think this situation – the one I’ve just described – highlights the epidemic of both.

He felt entitled to my body. When he stuck his hand down my pants – I was clothed, not naked – he never stopped to consider that I might not want to go any further than kissing.

He never gave me a chance to say no. He never asked. He assumed that what he wanted, and I would want to.

And that’s a fundamental flaw in our society. That presumption. Follow by the judgement, was I asking for it because I spent the night at my “boyfriend’s”? No.

Was I asking for it because I was kissing him? No.

Should I have said no? Yes. Certainly.

But fear – fear of so many different things – took over. I didn’t know how to say no.

I didn’t even know I could, which sounds stupid, but ask women how many times they’ve done something – anything – because a man made them feel too afraid to say no, and then tell me how it’s stupid.

Fear does crazy things to a person; even in “reasonable” and “safe” situations.

I think it’s up to the person to decide whether they feel they have been sexually assaulted or not. Some reading this might look at the law, look at my age, look at the fact that I was afraid, and decide, logically, that yes, it was rape (though I doubt, even if I felt like it was – which again, I don’t, I could get anyone to convince a jury it was).

Others might read this and believe that I can’t claim anything (and let me be clear – again – I’m not trying to. I’m not crying foul and I’m certainly not crying rape) because I didn’t say no.

However, I think either side of the debate is pointless: it doesn’t matter if you think it counts as rape, or sexual assault, or if you think it counts as a “pathetic woman crying rape because she wasn’t strong enough to say no”. The point, alone, should be: no one should ever have to wonder or question if they were raped.

If we all had more respect for each other, worked towards destroying rape culture and the myths that surround rape, perhaps fewer people will be in a situation like I was – and like so many women are faced with, but with far worse consequences.

Perhaps fewer people will feel afraid to stand up and say no. Perhaps fewer people will be in a situation where they have to ask themselves:

“But was it rape?”

Have you ever asked yourself that very question?

This article was republished with full permission from The Melodramatic Confessions of Carla Louise. Featured Image: Leah’s Ambition Designs and Photography.

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Top Comments

Guest 8 years ago

Firstly I want to say I can understand why you felt traumatised by this situation, it sounds like he quite roughly and without warning put his fingers inside you without warning, and I wonder if he did that because he knew that if he asked first you probàbly wouldn't have given consent.

Having said they though I think this whole area is a grey area, because on the other hand many of us, myself included have been in a passionate or lustful situation where I've made it obvious from my body language that I'm into the guy and he is taking cues from that and he is doing all manner of things without expressly asking permission, and in fact verbalising it would have killed the mood.

Most men would know though to use your body language as a clue and if you are lying there all tense then they should proceed with caution as you are either nervous or not into it, and the guy should clarify which one it is. If you do want it but are nervous then the guy should have the good sense to be gentle and go slow. For instance if a guy doesn't want to kill the mood a guy can go slow and use your body language to get an indication, eg most guys would work their hands up your leg and gradually go further and further, if you push him or his hand away or try to wiggle away or say no they will know to stop, if instead you are showing a lot of enthusiasm then they know they are on the right track so to speak. And really I think this is the best approach because who wants a guy to give a running update, eg "is it ok if I touch your knee?" "I want to touch your thigh now is that ok?" Etc. difficult to stay in the mood if you had to give permission for every step of the journey.
But there is another scenario which is tricky to navigate and that is the overcome by passion/lust scenario when both people just want to get it on as urgently as possible, this is the scenario where it's quite possible for the guy to forcefully do something because he can tell from the woman's body language she is totally into. When I say forcefully that's perhaps not the right word as I'm not talking coercion or roughness but I think many of us have been in that scenario where from our body language we made it pretty clear to the guy we were totally into it.

Most guys are smart enough and should be smart enough to know the difference between a woman lying tensely or showing disgust to a woman moaning and groaning with pleasure, and I would say that any guy who tries to do something sexual with the tense woman should know better and probably has a fairly good idea she isn't into it but is taking advantage. However unfortunately there are some guys who are hopeless at reading body language even body language that would be obvious to the rest. I've been with guys who have done sonething I haven't liked, might be something innocuous, like nibbled my ear in a rough way or sonething similar and I've recoiled but they thought I was into it until I told them no I don't like that. And who knows maybe I've done something similar to a guy myself. Also the guy you were with may have been relatively inexperienced himself and not have a clue, though I think from the conversations you had he should have known. And of course there is one other indication for a man, if a woman is not adequately lubricated then any experienced man would know that she is not ready or willing. Which is not to say lubrication means consent but I would certainly say lack of it would indicate a lack of consent.

So this is where it gets tricky because I think absolutely some guys know that you don't want to but they feel entitled and this indeed is some kind of assault, but others are just hopeless clutzes who can't figure out body language and are hopeless lovers and think being rough is the same as passion. But conversely some men are so in sync with the woman and such good lovers that both of them know they want it and neither of them wants to kill the mood by verbalising it or seeking verbal permission.

So this is where it is impossible to legislate this kind of thing because I would say what was done to you sounded like assault but then I have personally had a situation where a guy did a similar thing because I made it pretty obvious from my body language that I wanted him, but even in this scenario I'm certain if I hadn't been lubricated or I had shown tension or repulsion I'm sure he would not have proceeded.

Regardless of whether what happened to you is legally considered rape I can understand why it was so traumatic. When I was a little girl a man did that to me, and fairly obviously that was assault because I was a child. When I was older I kept thinking well it was no big deal because after all I was still a virgin but it really effected me in terms of I was quite terrified of boys and sexual things, and veered between sexually attracted to guys but also being repulsed by the thought of sexual activity. It took a lot of trust before I finally lost my virginity but fortunately for me my then boyfriend was incredibly loving and gentle with me. But I did always wonder if the abuser guy had broken my hymen because I didn't bleed the first time I had sex, but as I also know that doesn't always happen anyway and also my boyfriend was gentle but still it did bother me a little.
I hope anyway that you have managed to find a caring lover since this bad experience.


Guest 8 years ago

Many years ago I worked as a pathology collector. The issue of consent was quite a tricky one. You absolutely can not stick a needle in a person without their consent, but what constitutes consent was a very grey area. A person walking into a collection centre of their own free will was considered implied consent, they had to actively say no or behaviourally indicate that consent was removed by pulling their arm away, yet mild flinching or recoil is a normal physiological response for many people. Sex and a blood test are obviously not the same thing, but perhaps the issue is that there is confusion about what constitutes consent, and what is required to indicate lack of consent. Did anyone ever feel violated after a blood test? I would hope not, but it is possible that there are people out there that did not want a blood test but felt uncomfortable saying no or pulling their arm away. There are people out there who were nervous and were convinced to have the blood test despite their nerves, it is possible there is someone out there that feels they were coerced. It is hard to discuss the complications that arise with "implied consent" without the conversation devolving into accusations of victim blaming, but it is equally remiss to have a conversation about consent without acknowledging that in certain situations the consent is implied until actively indicated it has been removed. I want to thank you for writing this article, I think calm conversations about important issues like this are important, and they have the potential to identify real solutions to complex issues if they are not hijacked by outrage and victim blaming accusations.
P.S. I don't really understand how recoil during sex could be mistaken for enthusiasm, perhaps I'm doing it wrong but I have never felt the need to recoil when I am enjoying something.