Regretting it After? Focus Group Perspectives on Alcohol Consumption, Nonconsensual Sex and False Allegations of Rape

Abstract

Research indicates that individuals often endorse beliefs that false allegations in rape cases are commonplace and are also reluctant to believe a woman who states she was raped whilst drinking alcohol. On this basis, it can be hypothesised that people are increasingly likely to believe that false allegations occur more often when the complainant has been drinking. In order to examine the ways in which alcohol intoxication and false allegations of rape intertwine, this article critically examines the findings of four focus groups which were based around a vignette in which sex takes place between intoxicated individuals and consent is disputed. The article examines participants’ personal beliefs around three major themes: ‘not quite rape’; false allegations of rape; and voluntary intoxication and intercourse. Although participants acknowledged that sexual intercourse when drunk to the point of incapacity may amount to an unpleasant experience, it was held to constitute something distinctly different to rape. Participants also argued that it would be unfair to hold a defendant criminally liable for intercourse when parties were equally drunk and that alcohol-involved consensual sex may be reclassified as rape the next morning in order to rationalise regretted drunken behaviour.