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be given or withdrawn if both parties or either parties intoxicated that's the law the law here in California is that if one party is intoxicated it is raped by either the woman or the man that's gray area so did you know that if you have sex with an intoxicated person you're a rapist did you know that i didn't that's what the law says that's what I meant by gray area i encourage people to look into that because when it's past 2 a.m and both parties are intoxicated by law they're actually both committing rape according to California law and national law in every state if one or both parties are intoxicated consent is not a thing you are not allowed to have sex with that person under that circumstance okay so then it to you then it's not a great it's sexual assault by law by law no i actually I'm not willing to call every single person that's had sex while they're drunk a rapist are you well if the girl is saying no she's No they're both intoxicated so what they say is irrelevant that's the point and no one wants to talk about this is that according to the law intoxic intoxication removes consent literally you are not allowed to give receive deny or remove consent if you are intoxicated so the example that I was giving in that viral clip was very clear two people that are intoxicated post 2 a.m who is right who is wrong case dependent gray area all while saying under normal circumstances no mean no and stop means stop but let me ask you another question do you think if two 18-year-olds are sitting on a park bench and the man goes in for a kiss with the girl and it's unwanted did he commit sexual assault did he ask did the man commit sexual assault to try to kiss a girl did he ask did he ask can So let me be clear a man has to ask a woman verbally before he has to kiss a girl is that your position he can either ask or she can make it very known that like she back how can she make it known how can she without talking how can she make it known she can back away she can make a face same thing if they were drunk like you want to know why romance has left this country you have to ask before you kiss somebody on a first date excuse me can I kiss you really i think it'd be kind of romantic do you understand either way I think regardless there is way to do it non-verbally whether Hold on non-verbally so it's like a It's like a mind trick does that hold up in court nonverbally back up i'm backing up you keep getting closer i don't know why but if you do it verbally stop don't get near me i'm talking about two people that are next to a park bench and they're having a good time she can scooch oh she can scooch she can scooch and the guy goes in for a move he's a sexual assaulter no that's what Oh to be consistent unwanted kiss is unwanted sexual advance as a sexual assault the difference is that one of them is removing consent and the other one didn't realize that he was asking for she didn't they're having a nice time he thinks that he's getting the signals he misreads it all of a sudden we're willing to call that guy at 18 years old a sexual assaulter because he went in for a move i'm saying that the difference between that situation and the sexual assault is that she only consent versus the person who they didn't realize that they were trying to initiate consent no but I'm saying though in order for you to be consistent that has to be sexual assault and I'm not willing to call the millions of boys across the country going in for their first kiss guilty of sexual assault i think that's insane but you're willing to call it a murky gray area for the people who are drunk and penny down women even though they're saying no i never said that hold on let's recap you're not listening i said no means no stop means stop but intoxication there is no consent i've said that and we must be morally clear and legally clear people don't know that according to the law if one or both parties is intoxicated consent does not exist we don't teach our kids that every time you go to a drunk frat party and someone is intoxicated woman or man and they have sex they are then the victim of rape i'm not willing to say that 30 million people then commit rape and yes that's the point there's a lot of nuance and case dependency to these issues and unfortunately I don't think you meant to you've exhibited why young men are moving right so dramatically because they don't want to be called rapists at every turn because they made one me one unwanted advance to a woman at a party thank you very much