A federal jury in Manhattan was presented with an unsettling piece of online writing during the ongoing Alexander brothers' sex trafficking trial that prosecutors say reflects the mindset behind some of the assaults alleged by multiple women. The blog post included the assertion that 'it's not rape if she's sleeping,' a phrase that legal experts and advocates have vehemently criticised as dangerous and misleading.
The blog's appearance in court underscored the contentious atmosphere of the trial and has drawn renewed attention to how digital content and cultural attitudes can intersect with serious criminal allegations.
The Blog's Content and Its Role in the Trial
According to the testimony, prosecutors introduced the blog to highlight broader cultural attitudes about consent that they say resonate with the accusations against Tal, Oren, and Alon Alexander.
The blog post, by an unnamed author, was discussed at length by attorneys during witness testimony. It contained passages asserting that sexual activity with a person who is asleep or unconscious does not constitute rape. However, this claim is rejected by legal authorities and has been roundly condemned by advocacy groups.
Prosecutors argued that introducing the blog was relevant because it demonstrated a mindset that dismisses the seriousness of consent violations. Defence attorneys countered that the blog was unrelated to the defendants' actions and was being used to unfairly inflame sentiments.
Legal analysts cautioned that blog content does not carry legal weight in determining the scope of consent. Under US federal law, rape and sexual assault are strictly defined based on the absence of consent, and unconsciousness or incapacity is explicitly recognised as negating consent.
Background: The Alexander Brothers' Case
Tal, 39, and his twin brothers Oren and Alon, 38, have become central figures in one of the most closely watched sex trafficking cases in recent years. The trio, prominent in luxury real estate circles in New York and Miami, was indicted on multiple counts alleging they used their wealth and social connections to lure women to parties, apartments, and travel opportunities before drugging and assaulting them.
Several women testified that they were incapacitated during encounters with the brothers, underscoring the importance of clear consent. The blog post was introduced during this testimony to frame the broader cultural context of consent and sexual autonomy.
Prosecutors have presented evidence, including messages, travel records, and witness testimony, indicating a pattern of behaviour targeting vulnerable individuals. Defence lawyers, in contrast, have insisted that all interactions were consensual and rejected the blog's relevance to the case.
What Consent Means Under Law
The disturbing claim that 'it's not rape if she's sleeping' directly contradicts legal definitions of sexual assault in both US and international law. In the US, sexual activity with a person who is unconscious, asleep, or otherwise incapable of consent is unequivocally considered non‑consensual and therefore constitutes sexual assault or rape.
Consent must be informed, voluntary, and ongoing. Legal experts emphasise that unconsciousness or incapacity cannot form the basis of consent under any circumstances.
Sexual assault advocacy groups have responded to news of the blog's inclusion in the trial by warning that such narratives are dangerous. Many said the blog's claims reflect pervasive misconceptions that contribute to victim‑blaming and undermine public understanding of consent.
