In the first episode of Russell T Davies’ new drama Cucumber, middle aged Lance finds a much younger man in a nightclub who has no money and nowhere to spend the night. ‘You can stay at ours if you want to fuck,’ Lance tells him. ‘No hassle. Just sex with the both of us. And then you can stay the night.’
‘Yeah,’ the younger man replies, ‘that’s cool’ – but it’s clear, including to Lance’s uncomfortable partner Henry, that he’s ‘off his head’ on some substance or other, wide-eyed and slurring out fantastic images of kings and cowboy-men and nodding in and out of consciousness during their taxi ride. At their house, he appears not to register most of what Lance and Henry say; he walks off-balance and seems to have trouble standing up, sitting down at the first opportunity and collapsing half-asleep minutes later onto Lance’s bed. By the time Lance performs out-of-shot what looks and sounds like oral sex, he can no longer speak coherently. Five to ten onscreen minutes later, presumably once Lance has had anal sex with him as he says he means to (‘[He’s] gonna fuck my arse’), Henry brings police officers to the scene. The younger man, now fully naked and seemingly unaware of it, is no more lucid when they confront him, gripped in a haze of drug-induced visions with no idea what’s going on.
The above scenes, if anyone contests this description, can be viewed here.
There are two ways to argue what they show isn’t (at minimum attempted) rape. The first is to say the man Lance has sex with is lucid enough to consent to it – in which case, you’ve the narrative above to explain. The second is to say consent doesn’t require lucidity – in which case, the Sexual Offences Act disagrees, deeming consent impossible if ‘by reason of drink, drugs, sleep, age or mental disability [someone is] unaware of what [is] occurring’. The Crown Prosecution Service further acknowledges meaningful consent to ‘evaporate well before [someone] becomes unconscious‘ if mind-altering substances make them incapable. [Read more…]