Take a look at the photo above, and imagine the following
scenario:
Each of these young women, depicted here pre-gaming before
their date party (photo courtesy of TSM), go out tonight and have similar
experiences. They consume alcohol to the point of incapacitation, and each go
home with their respective dates and engage in sexual intercourse. Each of them
wakes up the following morning with only a vague recollection of what happened
the night before.
Woman A laughs about what happened. She had a blast the
night before, remembers being really into her date and wanted to have sex with
him. The fact that she was too drunk to remember what happened doesn’t bother
her. She knew they guy, was comfortable with him, and wanted to sleep with him.
In her mind, it was a great ending to a great night.
Woman B wakes up confused, and attempts to replay what
happened but can’t seem to remember details. She liked her date and was into
him, but hadn’t really planned on having sex with him. She isn’t necessarily bothered
by the fact that they had sex, but feels really bad that she was too drunk to
remember it. She tells herself that she needs to be more careful and probably
watch her alcohol consumption in the future to make sure she doesn’t put
herself in this situation again.
Woman C wakes up, horrified. She has no recollection of what
happened and is scared. She didn’t really know her date very well – it was a
guy she’d met at a party the week before. She had no intention of having sex
with him. Upon getting dressed, she immediately goes to the hospital, tells the
nurses that she thinks she may have been raped the night before and asks for a
rape kit examination.
Three women with three identical experiences, each of them
defining what happened to them in a completely different way.
My question for you is this:
Which one of them is correct?
Alcohol and Minimization
Two years ago, I wrote an article entitled “The Drunk Sex
Problem” for AFA’s Perspectives magazine. In that article, I pointed to the
fact that in the study from which the “one in five” statistic comes, only a
third of the women who reported incapacitated sexual activity defined those
experiences as sexual assault. I went on in that article to critique some of
the popular prevention messaging related to alcohol and consent.
Unfortunately, we continue to see confusing messages around
this topic. At a national prevention conference last year, a keynote speaker
praised campus prevention campaigns using messages such as “Drunk sex is rape”
and “a person under the influence of alcohol cannot consent to sexual
activity.” The problem with these statements is two-fold. First, the legal standard,
as well as the standard articulated in guidance related to Title IX, is
“Incapacitated,” which is a higher threshold than just “drunk.” These messages
are often inconsistent with law and university policy. Secondly, if we use
prevention messages such as “drunk sex is rape” and “someone under the
influence of alcohol cannot consent to sexual activity” then we are, in
essence, calling a vast majority of college students rapists and/or rape
victims. We are also telling two of the three women depicted in the scenario
above that they are incorrectly interpreting their own experiences. We are telling
them that they are wrong.
All of this is a big problem.
One of the assessment instruments we have developed at
Dyad Strategies (manuscript under review) examines the various ways that members of
a sorority might respond when a chapter member discloses that she has been
sexually assaulted. There are four general responses that sorority members may
have in this situation. First, they could support the survivor and do everything
we would hope that they would do in order to support their sister. On the other
hand, they may blame her for what happened, asking her things like “why did you
go home with him if you didn’t want to have sex” or “why did you have so much
to drink.” Thirdly, they may minimize her experience, trying to deescalate her
interpretation of what happened by asking her questions like “are you sure
you’re not just regretting what happened” or making statements like “I’m not
sure that’s rape – it was really just a drunk hookup.” Lastly, a sorority may
place social pressure on a member to NOT report what happened for fear of the
sorority becoming a social pariah on campus (i.e. if the alleged party is a
member of a popular campus fraternity).
We have studied each of these responses to sexual assault in
connection to a variety of the constructs we study, including sisterhood and
various measures of chapter social culture. Of all the relationships we have
observed (and will soon be publishing), one stands out above all others – the
strong relationship between alcohol use and the minimization mindset. Of the
four mindsets, alcohol use has the strongest relationship with minimization
among sorority women, and in a regression model, alcohol use is the single greatest
predictor of a minimization mindset. The more frequently a sorority member
reports binge drinking, the more likely she is to minimize the experiences of
her peers when it comes to potential sexual assaults. She is increasingly
likely to be the one asking “are you sure you’re not just regretting what
happened” or “are you sure that wasn’t just a drunk hookup.”
After we analyzed the data and uncovered the strong
relationship between alcohol use and the minimization mindset, I spent several
hours over a period of weeks trying to make sense of the relationship between
the two. And then one day it dawned on me – binge drinking predicts
minimization because frequent binge drinkers and their close friends are themselves more likely to have
had incapacitated sexual experiences that they did NOT define as sexual
assault. In other words, they are Woman A in the scenario depicted above. They, and their close friends, are increasingly likely, based on their alcohol use, to have had incapacitated
sexual experiences. And, if they did not identify those experiences as sexual
assaults, then they are likely to use their own lens for defining potential
sexual assault when discussing similar experiences with their peers. If what
happened to them was just a fun, drunk hookup, then how can it be a sexual
assault when someone else has a similar experience?
Message Matters
If, like me, you believe that the three women depicted in
the scenario at the beginning of this article are ALL correct – that each
person is free to define their experiences in their own way – and if, like me,
you care about preventing sexual assault, then we need to revisit the problems
associated with the “drunk sex is rape” prevention messages.
The fact of the matter is that reducing this complex issue down to simple slogans like "drunk sex is rape" or "a drunk person cannot consent to sex" is not helpful, and it may even be counterproductive. We’ve tried to create a dumbed-down, black and white,
dualistic message for our students, but the reality is that sexual assault is
not a black and white, easy, simple issue. There is a great deal of relativism
involved – different people respond to similar scenarios in drastically
different ways. Our prevention messaging needs to reflect both the complexity
of the issue as well as the lived experience of the students we are trying to
educate.
The goal of prevention programming should be to have
students walk away from a program saying “I should be much more careful about
my sexual choices when alcohol is involved.” We should also seek to create dissonance in some people about their past sexual behavior, causing them to consider that,
perhaps, some of their previous sexual experiences COULD have been considered
sexual assaults. Male students who frequently mix sex and alcohol should walk
away from a prevention program saying to themselves “I’m very fortunate that I
have not been accused of sexual assault – I really need to be more careful.” If
the goal of prevention programming is to change student thinking in a way that
might change their behavior at some point in the future, then having students
critically reflect on their past sexual experiences is an important and
effective step.
Calling the vast majority of our students rapists and/or
rape victims, I would argue, is not an effective strategy for achieving the
desired changes in thought and behavior. A
s my friend Aaron Boe frequently points out, being reckless with
messaging can have serious unintended consequences for those you’re trying to
help. The implication of
“drunk sex is rape” is that
if students have had sex while intoxicated then they should see themselves as having
experienced sexual assault, either as a victim or a perpetrator. If they don’t reject the message outright as absurd
(adults have responsible, healthy sexual experiences involving alcohol all the time) then a person may take on an emotional burden that was not there before
by contemplating an entirely different kind of label for their experience. Or, a person's friends may start insisting that their drunken hook up should be
considered “sexual assault,” resulting in emotional pain and potential
pressuring of one kind or another about what to do next (as appeared to be the case in the now famous incident at Occidental College).
Having students be more thoughtful
about drunk sex is an important goal. Telling students that “drunk sex is rape”
is an incredibly ineffective strategy for achieving that goal, because instead
of having students reflect on their own experiences, it puts students on the
defensive, causing them to tune out our messages and serving to confuse rather than to clarify, wasting their time and ours. Having students understand that their drunken sexual experiences could potentially be sexual assault is an erstwhile goal, but telling them that
drunk sex is ALWAYS rape is a poor strategy for achieving that outcome, because that
statement ignores the complexity of the issue and is so inconsistent with their
own experiences (remember, 2/3 of women who have an incapacitated sexual
experience do NOT identify it as sexual assault). In my original "Drunk Sex" article, I cited
Brett Sokolow's insightful whitepaper on incapacitation and the need for clarity related to conversations about alcohol and consent. That whitepaper was written in 2005! Twelve years later, and we are still struggling with this issue. We need to evolve quickly and become
more sophisticated in our prevention messaging in order to connect with
students in a way that will change their thinking and, subsequently, their
behaviors.
Strategies for Educating Men
I was discussing these issues at a recent conference
presentation, and was talking about the need for a more nuanced approach to our
education regarding alcohol, capacity and consent, urging participants to help
students understand where the line between “drunk sex” and “incapacitation” is
drawn. One of the participants came up to me after the session, and while very
complimentary of the session, asked me a question that was very consistent with
my own experience.
“I understand that we need to help men understand where the
line between drunk sex and rape is drawn, but how do we do that without the
conversation turning into a Q&A about ‘how far can I push the envelope
without getting in trouble’?” In other words, how do we keep our prevention
programs with men from turning into a “how to not get accused of rape” session.
On this question, I will shine a light on some of the work
that my friend and colleague Aaron Boe at
Prevention Culture is doing. His work
in this area has greatly influenced my own, and I think his approach to sexual
assault prevention with fraternity and sorority members is the most
enlightened, well-researched approach that I have personally seen.
As Aaron and I have discussed on many occasions, when we are
educating men (whether in a group or a 1-on-1 conversation), the sequence of
topics in a prevention conversation is very important. Conversations on
capacity are more relevant after men understand the critical concept of, as
Aaron puts it, “It doesn’t take what people might imagine to be ‘violence’ for
a person to be violated and experience serious emotional harm.” When you start
with simplified messaging like “drunk sex is rape” or over-simplified
slogans on consent, there is an implicit threat involved—you are naturally
implying threats of very serious punishment. Why wouldn’t a young man hearing this message be concerned and
defensive? And when you make a misstep and say something unrealistic or untrue
(because adults impaired by alcohol have mutual, ethical, and even healthy
physical intimacy all the time) you are just daring them to discredit you and dismiss your message. Too
often, people skip the part that matters, which is the harm that can be caused.
Virtually all non-sociopathic people care about not causing serious harm to
another person, and not having any guest or person around them experience
serious harm. Most men, however immature they might be, at least care about not
causing serious emotional harm to another. And we need people to care and be
engaged (rather than defensive or dismissive) to have meaningful discussions about sexual assault.
I would suggest based on my own observations and my conversations
with Aaron that the sequence of topics should be in the following order:
1. Help men understand the realities of trauma –
Aaron has a really neat way of getting this point across. He puts pictures of
two men on the screen – one a haggard, unshaven, scary-looking guy who you
wouldn’t want to meet in a dark alley at night, and the other of a bright-eyed,
handsome, baby-faced college man. He will ask students to identify the
convicted rapist. This is a trick question, because both men in the photographs
are convicted rapists. Aaron will then make the point that most men understand
how someone being sexually assaulted by the first guy might be traumatic, but
don’t really understand how being assaulted by the second guy might be
traumatic. He’ll then ask the men to identify the reasons that being assaulted
by the young, baby-faced guy may actually be MORE traumatic than being
assaulted by the unshaven, scary guy. The men will immediately be able to
identify the issues (perhaps it was someone she trusted, maybe it is someone
she has to see on campus every day, etc.). By helping men understand how being
assaulted by a peer (i.e. someone just like them) could be a traumatic
experience, Aaron is able to help them understand the realities of trauma in a
way that really causes them to reflect on their own choices. For the
non-sociopaths in the room, the natural response to this realization is “I
wouldn’t want to traumatize or hurt someone. Maybe I need to be more careful.”
2. Help men understand THEIR responsibility in preventing sexual assault – Most
college men operate in a sexual world with the following rule – “I’ll keep
going until my partner makes me stop.” After we have helped students understand
the reality of trauma, then we can help them buy into reframing the
conversation about responsibility. If they are not sexual predators or
sociopaths, then most men are going to say “If I don’t want to traumatize
someone, then it is MY responsibility to make sure that I’m only doing
something that my partner wants me doing.” Again, the sequence of lessons here
is important. Talking about this responsibility shift BEFORE we help men understand
the realities of trauma would not work. But when men understand the potential
trauma that they could cause, then helping them take responsibility for NOT
causing trauma is much easier.
3. Help men understand capacity and consent – Once
men understand the reality of trauma AND their responsibility in ensuring that
they don’t traumatize someone, we are now ready to have the conversation about
capacity and consent. When we wait to have the conversation about capacity and
consent until the end, we are able to keep the conversation from turning into
“how do I avoid getting accused of rape” and instead make it about “How can I
make sure I respect my partner and never do anything that would hurt or
traumatize someone.” And with that as the focus of our conversation, we can
explore the grey area between “drunk sex” and incapacitation, helping men come
to terms with the fact that perhaps they are lucky that they haven’t previously
been accused of sexual assault – that perhaps they are just fortunate that
their previous sexual partners did not
identify those experiences as sexual assault.
With this realization in mind, we can then
help them understand how to recognize an incapacitated person, help them
understand blackouts, and help them draw a line in the sand WELL before someone
is incapacitated. In doing so, we are recognizing that perhaps their previous
sexual encounters may very well NOT have been sexual assault, but perhaps they
are fortunate that this is the case. This requires us to acknowledge the
ambiguity of drunk sex/sexual assault, and to acknowledge that different people
may respond to things in different ways. In doing so, I will share the picture
and scenario depicted at the beginning of the article and walk them through the
fact that different people respond to things in different ways. Equipped with
this understanding, they are now prepared to take responsibility for their
actions in order to ensure that they do not engage in ANY sexual activity that
could possibly even be CONSIDERED as sexual assault. In other words, we’ve
helped them understand that drunk sex might well be sexual assault if a person is incapacitated, and why that matters (emotional trauma), without making the oversimplified and inaccurate statement “drunk sex is rape.”
Strategies for Educating Women
Equipped with the knowledge that binge drinking is the
leading predictor of both sexual assault minimization and victim blaming among
sorority members, our prevention strategies with women must include
conversations around alcohol and social culture. Unfortunately, this has become
very unpopular in many prevention circles.
At a recent prevention conference, I heard an industry
expert, a renowned researcher on the topic, stand before a room and say
“alcohol does not cause sexual assault, because we know that those who use
alcohol to rape would find other ways to rape in the absence of alcohol.” While
I agree with the first part of the statement, that alcohol does not cause
sexual assault, I vehemently disagree with the second part of that statement.
There is a new wave of thought within some circles of the
prevention field that basically assumes that there are no “accidental rapists.”
This way of thinking assumes that all men who are involved in sexual assault
are, by definition, sexual predators. I bit my tongue during the session, but
was very to tempted to stand up and ask “if all men who rape are sexual
predators and incapable of being helped, then sexual assault cannot possibly be
prevented. If that is the case, then why are we all wasting our time here at a
prevention conference?”
I operate from an assumption that the vast majority of sexual assaults CAN
be prevented, that many college men who find themselves
involved in situations where alcohol is involved and capacity and consent are
in question are NOT intentional predators or sociopathic serial rapists but instead are caught up in a
culture where binge drinking and “drunk hookups” are not only normalized, but
glorified. Don’t believe me? Go check out the
TSM website and get back to me.
If I am correct, then I think it is wholly appropriate to talk with sorority
women about the social culture of their chapters while acknowledging that
alcohol DOES NOT cause rape, a survivor is NEVER AT FAULT because she drank
too much, and that the top priority in prevention is and always will be to educate men NOT TO RAPE. We can do all of those
things while still acknowledging that the social culture of a chapter creates
conditions in which sorority members may be more or less likely to be assaulted, and also creates environmental conditions that can help or hinder women from feeling supported by their sisters if they experience sexual violence. It is appropriate to help sorority members understand that it is everyone’s responsibility – men and women – to work
to create environments where sexual assaults are less likely to occur. We
cannot have an honest conversation about preventing sexual assault if we are
not willing to consider the role that alcohol plays in the environments in
which those assaults are taking place. Our goal should not be ideological
purity around issues of consent and sex – our goal should be preventing sexual
assaults from happening. And if that is our goal, then we need to be willing to
have honest conversations about social culture and its role in sexual assault. (And, to give credit where credit is due, I think the "ideological purists" bring much needed clarity to our dialogue and are generally spot-on in the things they say, but being "right" and being an effective educator are not always the same thing).
In addition, when we are talking with sorority members about
these issues, we need to revisit the three young women in the scenario depicted
earlier. After explaining the scenario, ask sorority members the same question
I asked you at the beginning of the article - which one of these women is correct?
Eventually, I promise, someone will give you the right answer – all three of
the women are correct. Each of those three women are free to define what
happened to them in their own way. It is not our job to define their
experiences for them. Just because I interpreted something that happened to me
differently than my friend interpreted her similar experience does not mean I
am right and she is wrong. Or vice versa. And whether or not a university
policy or any laws were broken will be subject to an investigation and a review
of the facts of the case applied to the appropriate laws/policies.
Conclusion
Preventing sexual assault is important work. It is work that
we need to get right. It is a complicated topic, and it requires expertise and
great skill to do this work in a meaningful and effective way. I regularly see
well-intentioned prevention educators completely botch their conversations with
fraternity and sorority members because their messages ignore the complexity of
the issue, ignore the lived experiences of the students they are trying to
educate, and ignore the realities of the social culture in which sexual
assaults are occurring. If we are going to be good at this work – and by good,
I mean we actually change student thinking in a way that might change their
choices and behavior – then we need to be clear and precise about our messages. This will require some people to set their own ideological purity aside and be willing to engage in conversations that acknowledge the complexity of the issue, clarifies where the lines are actually drawn, and ultimately prevents harm. The topic of drunk sex and incapacitation is complicated enough; we don't need to further complicate it by being careless about how we communicate these messages. Doing this requires us to acknowledge that different people define
things in different ways, but ultimately it is
everyone’s responsibility to both make our social environments safer and to know where to draw the line in order to ensure
that we are not traumatizing or harming other people by violating their most basic human
right – choosing what to do, and not do, with their bodies.
*Author’s Note – I acknowledge that this article is written
from a heteronormative perspective. Not all sexual assaults are perpetrated by
men, and not all victims of sexual assault are women. The unique issues
involving sexual assault falling outside of the heteronormative
“male-on-female” gender binary merit a more thorough examination than this blog
post would allow, and demand more expertise than I purport to have regarding
those issues. I offer this explanation while fully acknowledging the very
serious issues involving sexual assault that happens beyond the heteronormative
examples used in this article.