Few crimes are as discussed and reviled in contemporary society as sexual assaults are. Yet paradoxically, despite being one of the most infamous activities, sexual violence is not sufficiently addressed by criminal justice. In fact, sexual behavior is so difficult to properly characterize that many people cannot identify when it turns violent. The situation is further complicated by the frequent involvement of various stimulating substances. The purpose of this paper is to showcase the role drugs and alcohol play in sexual behavior and explain why criminal justice fails to identify and prevent cases of sexual violence.
Exploring this topic is important because the context of sexual experience directly influences one’s quality of life. Exposure to sexual violence can have a long-lasting damaging effect on a person’s psyche, cognitive abilities, cause social inadequacy, lead to psychological trauma, and inadvertently lead victims to perpetrate themselves (Yoder et al. 667). Even though most people are aware of the immorality of violence, the use of stimulants may override their self-inhibition (“Drug-Facilitated Sexual Assault Fast Facts”). Therefore, understanding how alcohol and substances can influence a person’s behavior in sexual context is essential in prevention and control of violence.
Violence and stimulants have always been a part of human sexual behavior. As an essential part of the drinking culture, alcohol has accompanied social relationships and subsequent sexual encounters. As much as alcohol has served recreational purposes, so have addictive substances. Over the course of history, there was limited regulation of intimate relationships, which allowed men to take advantage of women with no repercussions. This status quo was challenged with the advancement of women’s rights and growing awareness of sexual violence. As drug use and alcohol consumption became stigmatized, their incidence in sexual encounters has decreased.
Yet, the allure of stimulants remains a powerful driver of sexual behavior. Cultural fascination with forbidden conduct propels people to use drugs and alcohol in sex. Around 2011, a new sexual practice gained popularity, which is known as “chemsex” (Javaid 184). Originally, it referred to group sexual encounters using such stimulants as mephedrone and methamphetamine. However, as the practice became more widespread, chemsex is used to describe any sexual activity involving the use of addictive substances, which also include alcoholic beverages (Javaid 200). Both drugs and alcohol influence one’s state of mind, which has a direct impact on their behavior.
Currently, criminal justice systems fail to prevent and apprehend numerous cases of sexual violence. Statistic shows that the majority of perpetrators of sexual assault are not punished. The primary reason for this inefficiency lies in sufficient reporting of cases of sexual violence. Only 30% of cases are reported to police compared to robberies and battery crimes, which have 60% report rate (“The Criminal Justice System: Statistics”). However, the fact that a sexual assault has been reported does not mean that the criminal will go to jail. Fewer people are arrested, and even fewer are convicted, which leads to imprisonment of such a small number of perpetrators that it has no effect on the statistic.
It should be evident that the lack of punishment is determined by victims’ and bystanders’ reluctance to report the crime. There are numerous explanations for this phenomenon, starting with the fact that identifying and measuring the severity of sexual violence is not clear. (Wright et al. 1510). Sexual encounters are characterized with constantly shifting emotional dynamics, which may cause a consenting partner to suddenly adopt an unwilling attitude. Uncertainty about one’s own emotional willingness further obfuscates the line between consent and rejection. As a result, victims may not be sure whether the sexual encounter was involuntary or not.
The use of violence in sex is also a contentious point. On the one hand, identifying sexual violence seems not complicated, since consensual sex is supposed to result in pleasure and not suffering. On the other hand, sex itself is a highly variative activity, with some of its manifestations even involving pain. After all, sex presupposes physical contact and some degree of physical force. Furthermore, individual preferences may require adopting aggressive behavior, which does not necessarily mean intentional violence. As a result, it is not always clear whether a consensual sexual encounter involving pain, aggressiveness, and other seemingly violent aspects can be seen as a sexual assault.
Finally, the use of alcohol and drugs can further obfuscate establishing consent. Even though it depends greatly on the country, religion, and cultural context, the use of stimulants may be completely legal. Sometimes, it is recommended for partners to have a drink to manage nervousness. Even if the use of substances is prohibited, partners may use them and have consensual sex. Such a case would constitute a violation of regulations regarding consumption of drugs, but it would not provide the basis for sexual assault charges. Yet, stimulants may also lead to partners losing control and using violence, which should constitute a crime.
Drugs and alcohol are dangerous because of the potential chemical reaction, which would affect the chemistry of the brain. Ordinarily, the brain has various regions, which are responsible for decision-making and recognizing harm. For instance, the prefrontal cortex is essential in identifying potentially dangerous stimuli. However, the use of stimulants may damage the prefrontal cortex, causing subsequent flaws in reasoning (Ceceli et al. 276). This is why people who are under the effect of drugs and alcohol fail to recognize their real state. With their inhibitions lowered and the prefrontal cortex not functioning properly, they can engage in in appropriate behavior, which may include sex.
Aside from understanding what constitutes a sexual assault, there are multiple subjective reasons why victims do not report sexual violence. The most common reasons are the fear of retaliation, the desire to protect the perpetrator, lack of confidence in police’s ability to help the victim, and unwillingness to involve other people in personal affairs (“The Criminal Justice System: Statistics”). Whatever the case is, the police cannot respond to a case, which has not been reported. As a result, many sexual encounters that are indeed violent and criminal are not investigated and many perpetrators are not punished or even suspected.
In conclusion, criminal justice system is not effective in addressing sexual assault since alcohol and drugs obfuscate logical reasoning and add further complexity to sexual behavior. Stimulants remove inhibitions and affect the chemistry of the brain, which prevents people from recognizing and stopping inappropriate behavior. Meanwhile, sexual activity itself is complex, with numerous different manifestations. It is difficult to identify sexual violence and the task is even more challenging when drugs and alcohol are involved. As a result, victims are not sure whether a specific sexual encounter should be reported. Combined with the general unwillingness to share events of one’s intimate life, the objective complexity of sexual violence determines low rate of sexual assaults being reported.
Works Cited
Ceceli, Ahmet O., et al. “The Neurobiology of Drug Addiction: Cross-species Insights into the Dysfunction and Recovery of the Prefrontal Cortex.” Neuropsychopharmacology, vol. 47, no. 1, 2022, pp. 276-291.
“Drug-Facilitated Sexual Assault Fast Facts.” The United Stated Department of Justice. Web.
Javaid, Aliraza. “The Interconnectedness of Chemsex, Drugs, Sexual Promiscuity and Sexual Violence.” Irish Journal of Sociology, vol. 26, no. 2, 2018, pp. 183-207.
“The Criminal Justice System: Statistics.” Rape, Abuse & Incest National Network. Web.
Wright, Elizabeth N., et al. “Help-seeking and Barriers to Care in Intimate Partner Sexual Violence: A Systematic Review.” Trauma, Violence, & Abuse, vol. 23, no. 5, 2021, pp. 1510–1528.
Yoder, Jamie, et al. “Relationships between Early Life Victimization, Antisocial Traits, and Sexual Violence: Executive Functioning as a Mediator.” Journal of Child Sexual Abuse, vol. 28, no. 6, 2019, p. 667-689.