I never thought I’d write an article under that title but here goes.
Earlier this week, Dr. Phil asked over Twitter: “If a girl is drunk, is it alright to have sex with her?” The Twittersphere overwhelmingly answered “No,” calling Dr. Phil a “moron,” “asshole” and “rape apologist,” among other things. I don’t doubt the possibility that Dr. Phil (or whichever lackey mans his Twitter account) may have posed that question for lecherous or self-serving reasons. Yet as a feminist, this reaction left me honestly dismayed. Were we saying that a drunk girl can never consent to sex? That sex with someone who’s been drinking is always, necessarily, rape? Sure, Dr. Phil’s a total butthead, but I don’t think we want to make the argument that drunk sex necessarily means rape, do we?
And yet this is the exact argument being made by Carmen Rios, a former college sexual assault activist, who was so “shocked and appalled” that Dr. Phil (whose real name is Phil McGraw) had asked such a question that she started a Change.org petition encouraging supporters to call on McGraw to host a show educating his viewers on assault prevention. “Lesson 101 in my courses,” says Rios, “was that sexual contact without verbal, sober, conscious consent is rape.”
But, it’s not — not legally speaking, and not in practice. Keep reading »