It appears to me that Watson is saying, if a sober person has sex with a falling down drunk person who previously showed disinterest, then it is rape. This blog will be divided into two sections. Section One: You have a brain, use it. And Section Two: The law. Why will I divide this discussion into two sections? Because the whole "is sex with a drunk person rape" argument must be divided into two sections, the moral argument and the legal one. They are different arguments.
ONE: You have a brain - use it.
Do not have sex with a person whom you are not one hundred percent certain is able to consent. In other words, if you do not know her very well. Do not have sex with a woman who cannot stand up. Do not have sex with a woman who asleep. Do not have sex with a woman who has passed out. When you are in the moment, stop and ask yourself, "is she consenting." Unless you are a complete sociopath you know the difference from right and wrong.
TWO: The Legal Argument
First and foremost, I am not a lawyer and you should not substitute my advice for that of a lawyer.
The rape statutes vary from State to State. I have linked the Statutes HERE. Go to the link and carefully read the statutes for your State. I do not have the time to discuss every State in the Union, instead I will only discuss Washington State.
Next, let's see what is published by the Washington State Legislature about rape. Click on RCW 9A.44.010, Definitions. In Washington State, a person is not able to consent at the time of offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse.
(4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.
(5) "Physically helpless" means a person who is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(6) "Forcible compulsion" means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.
(7) "Consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
I thought about posing this question on AVVO, and publishing my responses here. Then I realized that this is such a common question, it has probably already been asked a million times up there.
So lets get down to the facts. If you have sex with a woman who is falling down drunk, passed out, or incapacitated you can be charged with rape. Alcohol is the biggest date rape drug. From my reading of the statutes, your diminished abilities will not negate your responsibilities in a court of law. Hopefully my readers will understand why my response must have two separate parts. This is more of a philosophical debate. When we are discussing legal standards, the law will not change because you disagree with it. If a woman had one shot of vodka, and had sex with someone, I highly doubt that the man would be convicted of rape. If she had 8 shots, we have a completely different set of circumstances. These circumstances are what juries deliberate over. Therefore, this question cannot be easily answered without knowing the circumstances.
My personal opinion is that Washington State rape laws are solid. There will always be philosophical debates about what rape is and what rape is not. Those discussions will go on until the end of time. I am more of a concrete, realist. The fact is, alcohol used as a rape drug has put away many, many, many, many men.
Big Bang Theory Rape Jokes:
Rebecca Watson likes to be offended. The Big Bang Theory joke was funny. It does not normalize rape to any degree. It does not plant any seed in the minds of impressionable teenage boys that rape is okay, cool, funny, or normal. These women must think that our male viewers are bunch of brainless morons. This is simply one, of many trivial arguments these women have.