I know I've probably said far too much on this subject already, but I think even if the apology was a PR move (and it probably was, whether initiated by Tosh himself or his handlers), it was the right thing to do... even if it was preceded by a "oh this totally isn't what happened I'm innocent you guys" statement.
On a more background note (some would say off-topic, but I disagree), I didn't think it was possible for this thread to get any more depressing in terms of the responses, but somehow you guys managed it. Waterbomb/Impetus, I'm assuming you both have good intentions and don't mean to sound like rapists making excuses for previous encounters, and are instead focusing on the social and legal definition of rape/trying to protect victims... but jesus, your responses are horrifying. Focusing on Waterbomb's posts first... according to wikipedia (obviously the most trustworthy source since my net is weak and can't load anything more direct), the FBI defines rape as "The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person,
without the consent of the victim." Emphasis by me.
So basically, if a person doesn't say yes, then what you (general you) did is rape. Socially speaking, it shouldn't fucking be 'it's not rape until he or she says no', it should be 'it's rape until he or she says yes'. Honestly, it really comes off like you think the right of someone to get their rocks off comes (hur hur) first.
Would you suggest that if I waited until you got too drunk to walk around and do anything besides lay down and slur your own name, and then invited a few of my friends around to have anal sex with you (because obviously, having alcohol means you were putting up a sign saying "all dicks welcome"), we wouldn't be rapists, we'd just be douchebags. Obviously the
real rape victims would feel bad if you were allowed to say you were raped. Rape is serious unless it happens to a lot of people? Now, granted, alcohol and drug consumption is a bit of a grey area because it can be difficult to know when the line is crossed and the person is too far gone to still be able to say yes, but your example is pretty clearly past that point.
The second thing is pretty clearly sexual assault if Myzozoa didn't stop when Oglemi first said stop. Stop or any sort of safe word doesn't mean 'try harder', it means stop or you're a damn rapist. I don't think anyone would consider the third example rape unless the person is being threatened into it, but I absolutely believe that if someone tells you to fuck off and they aren't interested, you should get lost and not "try harder".
Basically the idea is respect other people's rights to decide what goes into their own bodies, don't keep on trying or scare them into submission. Rape has everything to do with consent, which can be given in verbal and/or non-verbal ways (so if you're one of those people who has trouble understanding body language, switch to getting verbal confirmation about it). It has nothing to do with what the rapist or rape victim was wearing, it doesn't matter where they were, it doesn't matter whether they were strangers or lovers or friends or relatives. If you haven't got someone's consent and still have sex with them (or do anything sexually penetrative), you've raped them.
Honestly, I don't think I can respond to Impetus' posts without getting really angry, so I'll just point to the previous paragraph and leave this here:
Before I get chewed out and say I'm justifying rapists, I'm not.
Saying that it's 100% the rapist'S fault is definitely unfair
What I tried to show by saying it isn't the rapist's fault 100% is that you can't just scapegoat the damn guy