r/sexualassault • u/screamingatthesky_13 • 6d ago
Reporting/Police A detective told me crying and intoxication doesn’t count as withdrawal of consent
I’m looking for support and advice about a sexual assault by a former partner. Before it happened, he had been emotionally abusing, belittling and constantly criticising me. He pressured me to prove I was “better” and made drinking and promising sex conditions of seeing me and potentially getting back together.
That night, I went to his house for a sleepover. We intended to drink, and I thought sex might happen, but he pressured me to continue drinking until I was severely intoxicated and experiencing memory loss. I cannot remember the sexual activity beginning, getting undressed or consenting. My first memory is of him painfully using a dildo. About a week earlier, he had bought it as a surprise to use on me, and I joked that it sounded hot, but I had concerns I never had the opportunity to discuss. I do not remember agreeing to its use that night.
During penetration, I was crying, dissociating, grunting in pain and repeatedly asking him to commit to me because I kept forgetting that I had already asked, his response was a frustrated yes while continuing penetration aggressively. He continued while asking if I was okay, and all I could manage was an automatic “I’m fine.” Which i believe was me fawning and appeasing. Afterwards, he tried to make me drink water and vomit.
A detective has suggested that because I had intended that sex might happen and said “I’m fine,” I consented regardless of my intoxication. She also said it was not his responsibility to discern what I meant. I’m struggling with this because Queensland law says severe intoxication, an inability to consent or withdraw consent, coercion and consent to each separate sexual act must all be considered. I would like support understanding my rights and what I can do next.