Swalwell Scandal (Part 2): What Would You Tell Your Daughter?

Summary

Podcast Summary: "Swalwell Scandal (Part 2): What Would You Tell Your Daughter?"

Podcast: Amy Robach & T.J. Holmes Present
Date: April 12, 2026
Host: iHeartPodcasts
Hosts: Amy Robach and T.J. Holmes

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Episode Overview

This candid, emotionally charged episode addresses the difficult and nuanced conversations that arise when discussing high-profile sexual assault allegations—specifically those involving California gubernatorial candidate Eric Swalwell and a former staffer. Amy and T.J. grapple with the tension between supporting survivors, understanding the reality of power dynamics and personal responsibility, and preparing their own daughters for the dangers and complexities women face in professional and social spaces. The episode is rooted in empathy, realism, and a desire to empower listeners—especially parents—with tools and language for these fraught discussions.

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Key Discussion Points and Insights

1. Setting the Stage: Complexity of the Conversation

• T.J. notes the sensitivity of questioning any aspect of a survivor's story, and stresses the need for a "frank but respectful" discussion (03:20).
• Amy acknowledges the vulnerability most women feel and how lived experience shapes mother-daughter conversations about safety (04:15).

"I think sometimes they're hard earned experiences. But I have had conversations about them taking responsibility for their behavior to not put themselves in a position to become victimized."
(Amy, 04:14)

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2. The Notion of Behavior, Responsibility & Victim-Blaming

• The hosts debate whether it's ever appropriate to talk about “responsibility” regarding a woman's conduct before an assault (04:51–06:31).
  • Amy: It is never an invitation, regardless of how a woman dresses or acts.
  • T.J.: Reinforces that no amount of teasing or flirting warrants assault.

"No woman wants to be raped... We can be teases if we want, and we can be playful and flirtatious if we want. And that doesn't mean we want to have sex with you."
(Amy, 06:04)

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3. Details of the Eric Swalwell Case

• Discussion of the staffer's allegations:

  • 2019: She alleges waking up naked in Swalwell’s hotel room after heavy drinking, with no recollection of events but physical signs of intercourse (07:05).
  • 2019 (second incident): During a car ride while she’s driving, he exposes himself and asks for oral sex; she complies briefly out of fear before stopping (15:04).
  • 2024: She reaches out to Swalwell (no longer her boss) to have drinks; after heavy drinking, she alleges rape, recalling fragments like resisting and saying “no” (07:37, 17:16).

• The hosts dissect the incidents, highlighting the power imbalance, psychological complexity, and the recurring theme that even after abuse, victims might seek out their abuser again.

"I guess I liked the attention, but I never wanted to sleep with him."
(Staffer’s quote via Amy, 18:55)

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4. Parental Guidance: Talking to Daughters

• Amy discusses talks with her daughters (ages 19 and 23), particularly her aspiring actress daughter, about recognizing and protecting themselves from grooming and manipulation (08:17, 14:22).
• Emphasizes it’s not about blaming victims but about empowerment and anticipation of risk.

"I don't want to think of it as a responsibility or an onus, but as an empowerment... how you act and how you hold yourself and the boundaries that you have to create can be the difference between becoming a victim and being... looked at in a different light."
(Amy, 08:18)

• T.J. highlights the need for daughters to “go in with suspicion” when dealing with men in powerful positions—even if it’s unfair (12:38).

• Emphasizes practical tips:

  • Don’t go alone for drinks with a potential threat.
  • Always have a friend with you.
  • Don’t drink to the point of losing awareness (20:04).

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5. The Reality of Power Dynamics and Pressure

• Amy unpacks why women may comply with inappropriate requests or “give him an out” rather than outright rejecting or reporting a powerful boss (15:53).
• Both hosts stress how easy it is to judge from the outside—inside the situation, fear and confusion dominate.

"I would have probably dealt with humor. Like, I know you're kidding. That's hilarious. And kind of just give him an out... That is what I probably would have done."
(Amy, 15:53)

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6. Consent, Intoxication, and Legal Loopholes

• The complexity of obtaining and proving consent is discussed, especially with heavy drinking involved (25:54–27:25).
• Voluntary Intoxication Exclusion: Under New York law, prosecutors often won't bring charges if the alleged victim was intoxicated by choice, as opposed to being drugged unknowingly (28:21).

"They call this the voluntary intoxication exclusion... You voluntarily got messed up... And we're not going to even bring the case because you voluntarily got that drunk."
(T.J., 28:21)

• This legal gap (“loophole”) has hindered prosecution of many cases and is stuck in legislative gridlock in New York (29:11).

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7. Flirting, Sexting, and Juror Perceptions

• Amy notes the staffer’s acknowledged behaviors—such as sending nudes or flirtation—would “not look good to a jury,” but reiterates nothing justifies rape (30:54–32:26).
• She frames these as teachable moments for daughters: not as reasons for blame but as hard realities for minimizing risk.

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8. Teachings for Sons and Daughters

• T.J. insists the conversation is vital for sons, not just daughters, emphasizing how easy it is for young men to wind up accused even if their intent is innocent (34:30).

"Just don't do this... You don't want to end up in a position that either one of these folks who—right, wrong—we don't want to do a right and wrong. He should have and she should have. We don't want... But both of them could have done something different to where this story didn't happen."
(T.J., 34:30)

• Shares his own hyper-awareness as a man: never closing doors or risking "he said, she said" situations, even with hotel staff (35:09).

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Notable Quotes and Memorable Moments

• Amy:

  "It is about empowerment. It is about making sure you recognize that this could happen to you. And it's not that it should happen to you or that you deserved for it to happen to you, but that it could." (32:26)

• T.J.:

  "Nothing she has done that we have discussed, means she asked for, contributed to in any way what allegedly happened to her. That is not the suggestion at all, Robes." (19:53)

• On the legal loophole:

  "You voluntarily got messed up. Nobody made you drink that stuff... Now you want to tell me that this guy that woke up in bed with you, that you can't really remember what happened, you want to us to prosecute and put him in jail, and we're not going to even bring the case because you voluntarily got that drunk." (T.J., 28:21)

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Timestamps for Key Segments

• 03:20 – Framing the difficult discussion around sexual assault and responsibility
• 04:14 – Amy’s personal talks with her daughters; hard lessons
• 06:04 – What “teasing” or flirting actually means re: consent
• 07:05 – Description of the 2019 and 2024 incidents in the Swalwell case
• 08:18 – Parental guidance for daughters navigating male-dominated industries
• 12:38 – Advice for daughters: suspicion and boundaries
• 15:04 – The power imbalance during the car incident
• 17:16 – Revisiting the 2024 incident, survivor’s motives
• 19:53 – Nothing excuses or justifies rape
• 20:04 – Amy’s practical rules for her daughters (don’t go alone, watch your drinking)
• 25:54 – Consent on college campuses, “Yes means yes” culture
• 28:21 – The voluntary intoxication loophole and its impact on legal cases
• 30:54 – Amy details sexting evidence and why it matters in court
• 32:26 – Messaging to daughters: empowerment, not fault
• 34:30 – The importance of having these talks with sons as well as daughters
• 35:09 – T.J.’s own precautions as a man

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Episode Tone and Conclusion

The episode is frank, compassionate, and often raw; Amy and T.J. neither shy away from taboo topics nor revert to simplistic answers. They repeatedly clarify their aim: to empower and educate, not to blame or cast doubt on the accuser. They conclude that open, honest conversations with both young women and men are crucial to navigating a world where power imbalances, legal gray areas, and personal safety intersect in complex, often unfair ways.

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For Listeners:
If you’re a parent, mentor, young professional, or simply someone seeking to understand the nuances behind sexual violence, survivor psychology, and prevention, this episode is a valuable (if uncomfortable) blueprint for the conversations we all need to be having.

Transcript

[Amy]

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[TJ]

Hey there folks. It is Sunday, April 12th and we are going to have this conversation as delicately and respectfully. But Robes, it might need to be happen frankly as possible as we welcome you to this episode of Amy and tj. With so many thoughts and conversations around Eric Swalwell, the California gubernatorial candidate who's now been accused of rape. Robes There are conversations that happen in some circles of the Internet and in some homes privately. And these are difficult to have because anytime you have them, it seems like you're questioning the story of the survivor. If you at all examine that survivor's behavior, can you how do you and this is what we're trying to do here on this episode, have that conversation? Robes and it's tough one to have in these cases.

[Amy]

It's really hard because I think most women understand the vulnerability just physically of who we are and when we go out that we are potentially targets. And I think at least most mothers talk to their daughters. Maybe fathers talk to their daughters as well about this, I imagine. But it's a conversation I've certainly had with mine after my own personal experiences. I think sometimes they're hard earned experiences. But I have had conversations about them taking responsibility for their behavior to not put themselves in a position to become victimized.

[TJ]

Okay, so there you and that can be controversial. Okay, wait a second. So did you use the word responsibility? I think that's where exactly.

[Amy]

Okay, that's a bad word to use.

[TJ]

No, that's my question. Does a woman ever, and we're just going to speak women here when we talk about sexual assaults. Is a woman ever, can you ever have a conversation about responsibility. Because suggesting that a woman takes any responsibility for her actions or her behavior seems to be a suggestion, whether intentional or not, that she is in some way contributing to what happened to her.

[Amy]

Correct. Because, look, the reason why. There's a lot of reasons why it's such a touchy subject because just because you want to dress a certain way or act a certain way, that doesn't mean you're inviting sexual assault.

[TJ]

We're all agreement on that.

[Amy]

Right. But I do think somehow there's this suggestion that it does. And let's just make that very clear that that is not at all. And as a. And as a woman myself who has had to deal with this and then talk to her daughters about it, I understand that' important to make that distinction, that that is not the responsibility of a woman to dress a certain way or to act a certain way.

[TJ]

Not inviting.

[Amy]

Yeah, it's not inviting because no woman wants to be. No woman wants to be raped. No woman wants to be sexually assaulted. No woman wants it to go that far. And you know what? We can be teases if we want, and we can be playful and flirtatious if we want. And that doesn't mean we want to

[TJ]

have sex with you, man. You. That should be repeated and said as many times. It doesn't matter even if you don't like that she's being a tease, even. It doesn't matter how far she might have suggested whatever.

[Amy]

And we might think we want to have sex with you and then change our minds and say, you know what? I actually don't want to have sex with him.

[TJ]

Okay, so now we're talking about robe. Something else in this case in particular. There are details to this case. And again, we're talking about the young lady, former staffer who says that Eric Swalwell raped her in an incident in 2024 at a hotel here in Manhattan. She says Robes, that she can't remember much of what happened that night, but she has flashes is how she put it. She remembers telling him no. She remembers trying to push him off. There was another incident Robes helped me

[Amy]

in the year 2019.

[TJ]

That was one where she says she doesn't remember anything from that night, but described another night of heavy drinking. Woke up naked with him in his bedroom in his hotel room. She says she can't remember anything from how she got from the bar to the moment she woke up the next morning.

[Amy]

But when she woke up, she said she felt the effects of vaginal intercourse. So she knew she had had sex. Women know when they've had sex.

[TJ]

So these are the two incidents in particular here that we're going to talk about. And robes there are. We don't want to look at this and examine. This is what she should have done that night. Not suggesting. That would never suggest. No matter how much she drank, she is not responsible for anyone forcing themselves on her at all. Quite frankly though, the law might see it differently. So we don't want to go after and say this is what she should have done. But robes you have. I want to. One of them in particular, you got a 19 year old daughter in college and really you have a 22, 23 year old. Was she 23 now?

[Amy]

She's 23.

[TJ]

But she's also right in that lane of influence and wanting to climb an industry where sometimes ugly stuff.

[Amy]

Yeah, she wants to be an actress.

[TJ]

Okay.

[Amy]

So yes, that is the classic position where you find yourself in a hungry, youthful, exciting time, but you're desperate to get a break, you're desperate to get a foot in the door. And you know, I was having a conversation with her this weekend about what to anticipate or expect with certain meetings with people who are reaching out to her who are in a much higher position of power with ties to storied legacied families. And I have cautioned her and talked to her about her behavior. Yes, because you don't ever want it to be misinterpreted and you have to as a woman. I'm sorry, but this. I know we don't want to put the onus on our daughters or on our young girls, but I don't want to think of it as a responsibility or an onus, but as an empowerment to recognize, to anticipate that this could happen, maybe even is likely to happen. And how you act and how you hold yourself and the boundaries that you have to create can be the difference between becoming a victim and being in a different. Or being looked at in a different light. It's so tough to say, but as a young woman coming up in an industry that also has been known to prey on young women who, who are excited and wanting to get far and are looking for that leg up, and I hate to use that term, but looking for a way to climb the mountain. Right. And I don't know of any woman who wants to sleep her way to the top or who wants to give a guy a blowjob to get a raise. No, no woman wants to do that. And yet somehow it's always kind of said like women are doing this to get ahead. It's about, I think, having conversations with ourselves and with our daughters and with young women in our lives about how to anticipate and how to avoid a situation even getting to this point.

[TJ]

And we have a situation here, or at least a couple, that no matter what there, you would not want your child in the position that this young lady found herself in robes on two occasions. Let's go with the 2019 incident. Okay. She found herself in a position where she is out drinking one on one as a 21 year old.

[Amy]

Correct.

[TJ]

With her boss, who is a powerful U.S. congressman. The two of them out drinking heavily at night at a bar. Just the two of them rogues. We're supposed to be able to say that neither one of these folks in that moment as colleagues were doing anything wrong. A boss should be able to go out with a co worker and there not be a problem. Right. I'm going to get into the details and the nuance, but on its face, we're so that's supposed to be okay.

[Amy]

You said colleagues and I'll take issue with that because I actually think you've got a junior staffer, 21. I mean, she's still in college if she's at 21. And what is he in his late 30s?

[TJ]

At that point I said I was going to get into the. Don't do that yet. Okay. But I'm saying, generally speaking, a boss going out for a drink with an employee for whatever reason shouldn't be a drink. Okay. Even drinking. And I know you and I have both sat up with a boss before and had drinks, several of them. And I know the dynamic was different because I am the male employee with a male boss. Your female employee with a female boss. I know from a distance it looks different, but on the face of it, look, it should be okay.

[Amy]

I will tell you, I have gone out to dinner with. I have gone drinking with bosses who are much older than me, but I knew I was on guard the entire time as a woman, I was ropes.

[TJ]

I'm saying I'm trying to get a baseline here. It should be okay.

[Amy]

Yes.

[TJ]

Okay. Now for folks who want to make the argument night out, okay, Robes. It does make a difference in who the boss is, the age of the boss, the age of the employee, and how far down the ladder that employee is or all these things have to be factored in. And with that. Now, robes, if your daughter's just saying, my boss invited me out for a drink, think I'm going to go. And that boss of hers is 38 and married and she's 23. Now. Tell me what you're going to say to your daughter.

[Amy]

Oh, I've already had this conversation with her because I have found myself in these positions over the years and I have told them, go in with suspicion. Don't assume he's there to tell you what a great co worker you are or what a great employee you are or how he wants to give you a raise or. Or he wants to connect you to help you in your career. And I'm sure he might say all of those things you have to have in your back of your mind, and this may be terrible, that he has other ideas, that he has another thought in his head and it might be to get you to sleep with him and you have to have that in the back of your head the entire time and you have to shoot it down. Do not flirt back. You can be kind, you can be playful, whatever, to an extent. But you have to recognize that you unfortunately, are the one who is going to have to create a boundary. And you have to be prepared to do it and practice the language before you go out.

[TJ]

And you should never. And something. You say that. And I'm going to say this repeatedly, folks, to the point you all might get annoyed. This conversation is not a suggestion about the veracity of anything that this woman is alleging against Eric Swalwell. Not at all. We're not questioning her story. But there are so many details of the story that certainly you, as a mom of girls who are right in that lane, we had very animated discussions about here in this house. So we were trying to bring that discussion forward here. But robes, another part of what you suggest, you said you got to make sure you never give any opening that it's welcome, any message that's sent that's a little flirty. Don't. Don't say there's a way you can. And again, Robes, you say, well, no, excuse me. This is the problem with that, right? There is such a power imbalance. So if a flirty message comes back, you might not feel comfortable just ignoring it. Oh, God, he's going to get mad at me.

[Amy]

Yes. And here's the problem. I will say this. Someone like, I don't know, obviously what happened between Eric Swellwell Swalwell and his former staffer. But I can say that it can. And she describes it. I mean, I have the language that she used to cnn. It feels good when someone powerful and someone who you aspire to be like or a position you'd like to have one day shines a light on you makes you feel special and makes you feel golden. Makes you feel like you're something to him. And that's how they get sucked in. So the whole point is, I try to tell my daughters, that is called grooming. That is called manipulation. And you have to recognize it when it's happening.

[TJ]

But you all are in a. Like you said, Rob, you all in a difficult position. And this is where. And we weren't going to talk about this issue. The other incident, a previous incident in which she was driving him to an event, this was in 2019 as well. He pulls over to a. Or has her pull over to a parking lot, just whips it out and asks for oral sex. And she said she complied for a short time before then saying, oops, somebody's gonna see us.

[Amy]

Okay, I feel for her. I feel for her.

[TJ]

In that moment, Robes, a. What do you tell your daughter? This is for anybody else. Some people hearing this on the outside hear that and go, obviously you say, hell no. You jump out the car, you run, you report him. Obviously you don't do like, it seems to other fol that there was a no brainer, easy way. Of course you don't do that. But Robes, this is where the power imbalance comes in.

[Amy]

That's my point. It's so easy to say that from the outside looking in, but here you are, you're looking up to this guy. You don't want to lose your job, and you don't want to make an enemy out of a powerful congressman. And so you think, oh, no, what do I do? And I can see where she felt pressured and found a way to get out of it to stop it. I would. And this probably isn't great advice, but I would have probably dealt with humor. Like, I know you're kidding. That's hilarious. And kind of just give him an out. Like, that's funny. Obviously, you're married and obviously I'm your junior staffer, so I know you're just playing around and you give him an out.

[TJ]

Okay.

[Amy]

It's terrible, but that is what I probably would have done.

[TJ]

No, no. And I hear what you're saying. This. We don't know what led up to that.

[Amy]

We don't.

[TJ]

But Robes, getting to that point, was there. No. Excuse me. We don't know. But this is where it comes into play that he was in some level comfortable enough.

[Amy]

Yeah.

[TJ]

With this was a perfect stranger to him, and he just decides to do this. And this is where Robes. We don't know what the relationship was beforehand, but as we talk about this story, Robes, that was one detail that really just randomly out of nowhere.

[Amy]

Well, I think she described and talked about the flirty messages, how it was. It was never necessarily sexual in nature, but when you get flirtier and flirtier and flirtier, this is a slow build. And it probably led to that moment. And she probably thought, oh, no, what have I done? Or, you know, we don't know what she was thinking.

[TJ]

Let's Turn quickly to 2024. And robe. This. We have to be. This is all right, the 2024 incident. She reaches out to him. So now at this point, Robes, there is no longer a power imbalance. She's not working for him. They haven't had a relationship or continued a relationship, a working one, for years. And by all accounts, Robe, you tell me if I'm wrong. They weren't in constant contact. They weren't still in each other's lives in any way.

[Amy]

It seemed as though they kept messages. Like there was a. A little bit of a communication back and forth, but correct. She was not working for him. And it wasn't like they were constantly texting each other and they were in each other's lives in that way. Not that from what I understand.

[TJ]

So not to question her, but the fact is that she is reporting that she was, she believes, sexually assaulted by him in 2019. Five years later, Robes, unsolicited, he is speaking here in New York, and she reaches out to him to have drinks that night.

[Amy]

Correct.

[TJ]

This is the guy that she says

[Amy]

sexually assaulted her after a heavy night of drinking.

[TJ]

And then she calls him up for a heavy night of drinking. No ropes. Not getting into the. The psychology of survivors and these things that other let other folks do that. But as you're telling your daughters what to do and what not to do, ropes take out the 2019 incident, even the accident. The idea that she's calling him up after the. Whatever history they've had to still married man come out for drinks. He's wrong. Let me say that out loud. I'm asking what you would tell your daughters to do.

[Amy]

To not do that, to not call a man who already, according to you, abused his power and put you in a horrific position and victimized you and raped you. If she didn't give consent, that is rape as well. So, yes, to reach then out to him. Look, and people will tell you the psychology behind it. Maybe she felt rejected, maybe she felt ashamed. Maybe she felt like if she could have another. Another encounter with him, it could balance out the bad. Like there's a lot of things that could go into her mind where she's thinking, well, maybe if I can just make it all good and all right, I won't feel so awful about what happened and I can actually, like, wrap this up with a bow and feel okay about everything. That could have been her mindsight. She did tell cnn, and this is her quote. I guess I liked the attention when they asked about why she would go out to drinks with him after all of these allegations she's made against him. And she said, I guess I like the attention, but I never wanted to sleep with him.

[TJ]

Okay, Nothing she has done that we have discussed, means she asked for, contributed to in any way what allegedly happened to her. That is not the suggestion at all, Robes.

[Amy]

But unfortunately, when she says, basically the night ended with her not remembering how she left the bar. Look, I have heard my daughter say it. I have had the experience before. When you get that intoxicated, that is the scariest thing a woman could possibly ever do. And I hate to say do it to herself. And I know sometimes it sneaks up on you and sometimes you're plied with drinks, hey, let's do a shot. And I'm saying you can be encouraged. But that is my number one thing to my daughter. Well, there's two things. Never, ever, ever be alone. Like I would have said, bring a girlfriend with you if you want to. If you want to try to find some closure or you want to have a conversation with him, bring a friend with you. Like always have someone with you, number one. And number two, you cannot drink that much. You have to be aware, especially if you're with someone who you've had a negative experience with. Please, my God, stay in control of your faculties.

[TJ]

So, Robes, to your point now, no matter how drunk she got, you don't deserve to be raped. No matter how drunk you decide to get, nobody around you is then should be forgiven for anything ropes.

[Amy]

But you increase your chances of it happening.

[TJ]

We'll give you that. But it doesn't mean you're responsible for what happened to you. Is the. Is what is the argument? You can't. I guess responsible is such a tricky thing. What responsibility do you take for putting yourself in the position versus being responsible for what happened to you? You are nobody. No one says responsible. Like you can never say she got raped. Well, but she was drinking that much. So that's what they say.

[Amy]

That is what happens in court. And that's why women don't come forward, because they know that they. They behaved in a way that contributed to the position that they found themselves in that they didn't want to be in, that they didn't deserve to be in.

[TJ]

Say all that again, please.

[Amy]

I don't know if I can.

[TJ]

You said it just right. That was exactly right. Damn it. I'll have to go back and rely. You said it exactly the way it it is about the responsibility. But it's not just folks, how we might have the conversation. It's not just about what her friends might think, what the public might thinks. There's a legal reason that a lot of women might not come forward, because the law, at least in New York State, has a loophole that suggests if you got drunk voluntarily, what happened to you we can't charge the other guy for. We'll explain this loophole and why they're trying to fix it, and why the Manhattan D A might have a very difficult time bringing charges against Eric Swalwell.

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[TJ]

All right, continuing here on Amy and TJ Rose. This conversation all goes down to consent, right? Did you, did she give consent for sex or not? We do know robes. You don't. Sex or consent sometimes can be denied. Like, well, she didn't say no. Well, doesn't mean she didn't. Doesn't mean she said yes. So consent isn't just a matter sometimes of a woman saying no. It could be an implied incent. It could be all kinds of other things. So we can't even harp on that. Did she say no or not?

[Amy]

Yeah. On college campuses you have people sometimes actually saying you need to get a yes, yes before. And it kind of, people kind of make a joke out of it, but they really are trying to just hammer it home because a lot of times what we're talking about does happen on college campuses. Or drunk nights, blackout drunk nights where, you know, kids are drinking to get wasted. And so, yes, unfortunately, these types of incidents can happen. And again, very different because it's very different Power. Power structure here. When you're talking about two kids who are both 22 years old in an experience, but yet you still have some of the same issues. Whether or not a girl was able or a young woman able to give consent. And does that mean that the young man in that kind of a situation who might have been equally drunk, where is his responsibility? Where is her responsibility? This is a. This, this type of crime is one of the most difficult to prosecute, one of the most difficult to prove, because it truly is a he said, she said. And if both parties are wasted, what do you do with that?

[TJ]

And the laws are different in different places. We'll stick with New York robes in particular. Consent. Consent. This boils down to consent. If she did not give consent and he moved forward, that is a rape by law. However, who can or cannot give consent? Who can't? Robes? Anybody under 17. That makes sense. The law here. Anybody who's mentally disabled. That makes sense also. Who can't give consent. Anyone who is mentally incapacitated or physically helpless. What does that mean? Here you go. Robes. And this is where the issue is. Mentally incapacitated, according to New York law, means that a person is rendered temporarily incapable of appraising or controlling his or her conduct owing to the influence of a narcotic or intoxicating substance administered to him or her without his or her consent.

[Amy]

So that's being drugged, having something slipped into your drink, that sort of situation.

[TJ]

Robes. They call this the voluntary intoxication exclusion. They call it a loophole. And it's the suggestion, and this is why some prosecutors won't even bring a case forward. You voluntarily got messed up. Nobody made you drink that stuff. You kept ordering those drinks on your own. You are responsible for your behavior. So now you want to tell me that this guy that woke up in bed with you, that you can't really remember what happened, you want to us to prosecute and put him in jail, and we're not going to even bring the case because you voluntarily got that drunk. They have been fighting robes for years to change this root loophole in the New York state legislature. It has been going through the past couple of years and it is stuck in committee right now and has not come out.

[Amy]

And I can see why with that law, and I believe the her first allegation of rape happened in California or not in New York. Correct. But this is the second incident in New York. So interesting so you hear that loophole, which I was not even aware of. But when you have her waking up with flashes, remembering, she says pushing him off her and saying no, and he didn't stop. That may be what the Manhattan D A is focusing on. So, yes, she was wasted by her own voluntary choice. She chose to drink. She chose to go to a second bar and to heavily drink. And she admits to all of that. She doesn't remember leaving the bar. She doesn't remember how she got into the hotel room. But she woke up in those moments, probably of pain and confusion and what the hell is happening? And she remembered pushing him off. She remembered telling him to stop. She remembered telling him no. That may be. That is perhaps what distinguishes this case from maybe the 2019 case or any other incident she describes. Because she says she does remember telling him to stop.

[TJ]

Okay, the other part of that is physically helpless. That means a person is unconscious or for any other reason is physically unable to communicate, unwillingness to enact. There is a high bar here for this, and there's a reason for it. This is now not just a he said, she said. This is he said. And she said just a little bit of what she can remember. That is not a whole lot. I saw a flash. I. And she's standing by. She said, no. And remember some. Something physical from him. She said she even had a bruise or something. He had grabbed her by the waist. Or she said she had bruises on

[Amy]

her body and was bleeding vaginally. That that's how, I guess rough the sex was. I mean, that's. That's. That's tough. However you imagine, say, the D. A brings this charge, right? Say this ends up going to a jury. You start looking at all the events. And this is the tough situation for a lot of women. This is why a lot of women don't come forward. Because when you start looking at what happened beforehand, and I felt. I actually was really impressed that she was completely honest and talked about how she was blackout drunk. Talked about that. She did, yes, Start to. To give slow, well, oral sex. Like she is admitting to her role. Flirtatious texts, sending him nude pictures back and forth on Snapchat. She claims she sent him nudes. He sent her pictures of his penis. So she was participating in a lot of behavior that probably would not look good to a jury when it comes to then saying, yes, she was raped. Now you can do all of those things. As I pointed out and I fully acknowledge, yes, we should be able to flirt and maybe even think about wanting to have sex with someone or consider, hey, maybe I would like to be his mistress. I don't know what was going in her mind. Maybe she had some of those thoughts, or maybe she just damn well loved the attention, which she admitted that. That just felt so good. She just, she didn't want to have sex with him. She liked the flirtation. She liked that feeling of this powerful man thinking she was hot. I get all of that. It doesn't mean she deserved to be raped. It doesn't mean that she should have to have sex with him.

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[Amy]

It doesn't mean any of those things. However, my point is, when I talk to my daughters, it is about empowerment. It is about making sure you recognize that this could happen to you. And it's not that it should happen to you or that you deserved for it to happen to you, but that it could. And when it does, you get put in a position that is untenable. And now you have to ask yourself and I, that's my point. What can I tell my daughters about how to avoid this? How to give themselves the best chance of never finding themselves in this position. That's the conversations that I'm having that I have had with my daughters for years now.

[TJ]

It is, you don't want to be in a he said, she said. You don't want to end up there and robes. I don't know if this will maybe this, this bill now, I, I'm sure I haven't seen yet, but I'm sure they're going to try to bring this back up. The sponsor of this bill now, because this is meant to do that thing. They actually are saying that they want this to prohibit because defendants have been using intoxication of the victim as a defense in sex crimes. And it's worked. And the law right now allows it. It supports that because it asks about conduct like you're incapable of giving, appraising a situation and controlling your conduct. That can mean a yes or a no.

[Amy]

And the other point being, and we've talked about this, and I am not applying this to Eric Slawell Slalwell at all, but when the, when the, in the attacker or the, the person who is being accused of raping, if, if he is just as wasted as she is, where is the culpability? And that is the gray area that so many courtrooms and so many prosecutors have to weigh and deal with and think about. And that's why this type of violent act is the most difficult to prosecute.

[TJ]

It's awful, but it's an opportunity that we should have a moment while a conversation is being had. Now just look, the criminal stuff will play out, the political stuff will play out, but there's an opportunity here for just to take a moment and sit down and have a calm.

[Amy]

And with your sons too. This isn't a conversation just to have with your daughters. This is maybe an even more important one. I feel bad that that's just now being mentioned. But yes, it's a very important conversation to have with your sons as well.

[TJ]

Rogues don't end up in this. Look, you could end up in a bad spot as a male, as a guy as well. Someone who hasn't done anything necessarily wrong or had the intention of doing something wrong that is interpreted by somebody from a distance as being something wrong. Just don't do this ropes. I oh my God. You've seen me. Even when folks deliver food to the. To my hotel room, room service. I stand at the door holding the door and they say, oh, I got it. Nope, I'm standing right. I never close a door and I'm alone with anybody who could possibly suggest anything. And that he said, she said. Isn't that crazy?

[Amy]

Yes. I would never think about that.

[TJ]

You wouldn't?

[Amy]

No.

[TJ]

You've seen me do this where I will not. I get room service and I stand at that door propping open. Go ahead, put the food wherever you want to in the room. But I am not going to be in a position where I am behind a closed door with somebody I don't know. This is the stuff we have to think about. Is that crazy? No. But we should tell our sons that should tell your daughters that it's okay. But man, you don't want to end up in a position that either one of these folks who right. Wrong. We don't want to do a right and wrong. He should have and she should have. We don't want. But both of them could have done something different to where this story didn't happen. Who do you want to say is more culpable? Him. For pulling his dick out on the side of the road? Yes.

[Amy]

Yes, A hundred percent. Because he was her boss and he's married with three kids. Yes.

[TJ]

Nothing he it.

[Amy]

There's no question.

[TJ]

Point blank, done. Done. But I also. And you could have also advised your daughters about something to where if the guy you did work for sent this message or did pull his dick out.

[Amy]

Yeah. Unfortunately we have to assume the worst.

[TJ]

Have to have that conversation.

[Amy]

As women, I have learned this and you just. You have to assume the worst. It's so strange. I was having this very conversation with Ava this weekend and not even because of this. And it's something, you know, that I just think I. It's an important conversation that we all need to have with our kids.

[TJ]

Isn't that funny? You were having it before this even came up. Just so happened to be having it. Well, folks, we always appreciate you spending some time with us. We're keeping a close eye on this swal wheel story. Also, be honest, Robes was like, hey, we better, we better get this one up early because the story is moving so quickly that there could be an update and we have to change.

[Amy]

Well, yeah, we have the Manhattan DA asking for other victims to come forward, so who knows where this is headed.

[TJ]

All right. But we always appreciate you spending some time with us wherever you might be on this Sunday. Hope you are enjoying yourself and having a good day. But. But that for spending some time with us. I'm tj. That's Robot Talk Soon.

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[Bowen Yang]

This is Bowen Yang from Los Culturistas with Matt Rogers and Bowen Yang. We all know the feeling when life gets really busy. Taking care of yourself can feel impossible. That's why premier protein shakes are my go to. They have 30 grams of protein, 160 calories, no added sugar and they taste amazing. So they're a healthy choice you'll actually want to make. It's not just for fitness, it's for getting after life. The 30 grams of protein gives you the fuel you need. It's not just for intense gym sessions, it's just for life. With a wide variety of flavors, from cafe latte to cake batter, it never feels boring. There's a flavor for everyone. I personally love the peaches and cream, but maybe you're a root beer floater, cinnamon roll kind of person. Premier Protein powers me to say yes to more. Find your favorite [e-mail] that's P R E M I E R protein.com or at Amazon, Walmart and other major retailers.

[Amy]

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