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When is it rape

When is it Rape?

Rape is a horrible crime. It doesn’t really matter how it happened, sexually violating someone against their will is always wrong. Feminists on Twitter don’t seem to see it that way. All me to provide some background.


Alyssa Milano recently tweeted an article that explained the Minnesota Supreme Court had overturned a rape conviction, saying the victim was “not mentally incapacitated” at the time of the attack because she willfully got drunk on her own. The court ruled that voluntarily drinking alcohol to the point that you are drunk does not constitute “mental incapacitation.” In order to be considered mentally incapacitated under Minnesota law, the alcohol must be given to the person without that person’s agreement, according to the court. Because the original case did not meet the standard for a victim to be mentally incapacitated, the state's high court granted a new trial for Khalil (the defendant).

It all began with a very innocent, but a salient question from me.

when is it rape

Right away the Twitter feminists jumped on me and actually changed the subject.

when is it rape

Notice how she first claims we are supporting a rapist and then generalizes my statements to be me saying this happens all the time. That’s actually nothing close to what I was thinking.

Another woman jumps in and makes a rather irrelevant point, but also attempts to frame the discussion as one strictly about women. Unfortunately for this woman, men also get raped.

when is it rape

She did not like my comment above. She took great offense and again reminded me that we are talking about “women” and not men.

when is it rape

I made the attempt to explain that the law in Minnesota is probably a bad law, but the court was merely upholding that law. That’s their job.

My Opinion on Rape

Allow me to give you my opinion on this topic. I apologize because it is a sticky subject, so please don’t be offended by what I have to say. If you disagree, state that in the comments and let’s have a civil discussion about it. I am very open-minded and can be convinced to change my mind if the evidence supports it.

This is a very complicated process because of how some people are. Let me begin by describing the circumstances of the Minnesota case and we can use that as a launching pad for this discussion.

The victim had been drinking and taking prescription painkillers prior to going out with friends. They decided to go to a club and party. The club denied her entrance saying she was already far too intoxicated. She and her friends called for a Lyft and were waiting outside when the defendant approached and invited them to a party at his place. The girls accepted the invitation.

Apparently, as soon as the victim arrived at the party, she passed out cold on the couch. She testified that she woke up with the defendant’s penis inside of her, having sex with her.

This is wrong. A man should never touch a woman who has passed out. He certainly should not be inserting his penis into her. My question on Twitter, which was misconstrued, was what do we do if BOTH parties are super drunk. Who is able to consent?

The issue here is one where the woman is drunk, has sex with the man, and later regrets it and charges him with rape. Yes, I suppose the same could happen with roles reversed. The Minnesota law is aimed at correcting this potential problem, but it clearly falls short if it allows a man to have sex with an unconscious woman and not be held responsible.

I can explain my position quite clearly.

Rape is always wrong. Period.

A man can be raped by a woman.

A man’s penis can work even if they are drunk.

A drunk woman cannot give consent, but a drunk man also cannot give consent. What to do about a situation where both are drunk–that’s where I get stuck?

Consent is becoming a huge issue and for good reasons. Parties can have regrets after they have a sexual encounter. How do we protect innocent people who did not rape anyone, but are accused of rape due to regret?

I know it is not the best answer, but I say don’t get drunk if you will be with people you don’t know and trust. I know that’s not going to go over well with most people, but why are we now told to worry about the health of others, but we shouldn’t worry about getting so drunk we could be raped? 

Rape laws need to be revisted. We need to fix this so that no woman or man is ever taken advantage of in this manner again.

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