We need to talk about ChemSex: risks of Hep C and HIV are high More gay men in the UK are presenting to clinicians with complicated issues associated with drug use and consent to sex in ChemSex environments (taking recreational drugs during sex and attendance at sex parties). David Rowlands highlights the issues around this controversial topic based on responses to his February online poll. The latest poll asked: ‘If a gay man, highly intoxicated on (self-ingested) GBL (gammaButyrolactone), later regrets the sex he had, or had trouble remembering what happened... Was this consensual? Or is it sexual assault?’ This controversial scenario sparked strong opinions and debates across social media sites. There were 190 respondents, with 57 per cent agreeing that it was consent. A fifth felt it was sexual assault and one in four people were unable to answer the question. This shows the complexity of this subject, with many regretting choices they had made in the past while highly intoxicated.
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Ability, decisions and consent to sex can be impaired when high on drugs. ChemSex gives people the ability to negotiate and explore the sex they desire. People need to take responsibility for their knowledge and pride in their attitude. Sex without chemicals can be hard for some individuals because they have low self-confidence. People feel they need to re-learn what
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intimacy is without using chemicals for sex. Some gay men take drugs to be reckless. Gay men using drugs while having sex are willing participants. People need to take the time to learn about the dangers of ChemSex and play smarter. When highly intoxicated and you can’t remember, you are vulnerable to sexual assault. Before going to a ChemSex party you should take the time to get to know who will be there and discuss with them your expectations. People should be aware of how to access ChemSex support and counselling services.
Was it consent?
Section 74 of the Sexual Offences Act 2003 defines consent as ‘A person consents if they agree by choice, and have the freedom and capacity to make that choice’. It also says: ‘The amount someone has had to drink can also affect a person’s ability to consent.’ New guidelines have been launched by the
In Scotland, sexual attacks on men have been legally classed as ‘rape’ for the first time
David Rowlands
Crown Prosecution Service and police forces in England and Wales. This document specifies that consent cannot be given where someone is incapacitated through drink or drugs. The advice forms part of a wider drive known as the Rape Action Plan which was launched in January and is aimed at securing more successful prosecutions for rape. In Scotland the law relating to rape has recently changed. It now concentrates more on what ‘consent’ means and the fact that consent can be withdrawn at any time. In addition, sexual attacks on men have been legally classed as ‘rape’ for the first time. The ‘we can stop it’ campaign has been launched by Police Scotland, partially to raise awareness of these changes.