some more even-keeled thoughts on the hornitos tequila commercial (which i still find repugnant and dangerous to women)

by That Kind of Girl on May 10, 2011

So, my post on the Hornitos tequila commercial that glamorizes questionably consensual and definitely predatory sex, uh, blew up a bit more than I thought it would yesterday. Page views went kaboom. People shared lots of really great thoughts about the nature of consent. Lots of people wrote letters to the company to complain about the ad. (Awesome! Keep doing that!)

That said. I saw a problem with the ad, and I wanted people to talk about the ad, to retweet it, to post about it on their own blogs — basically, to get a link to the commercial and a means to contact the company in front of as many eyes as possible. In order to do that, my original post took a tone that was wildly vitriolic, quite unsubtle, and maybe a little bit flippant. Is there a place for phrases like “get your rape on” in the quest to get a post retweeted? Yup. Totally. Can it capture nuanced thoughts about the way an advertisement can contribute to rape culture? No, of course not.

Hornitos “Brotherly Love” thirty-second spot.

Attractive actors. Great production value. Absolutely morally  repugnant. Here’s what’s bugging me:

Everything about the ad, right down to the title, suggests that the major ethical violation here is that Skeezy Dave is scamming on Airport Mike’s girlfriend, as a violation of Bro Code. And while I think we can agree that snaking a friend or brother’s girl is an uncool thing to do, as long as the cuckolding is engaged in willfully by both the cheating partner and the non-stellar bro, it’s just garden variety cheating. Sibling rivalry! Wacky hijinks! Monogamy-more-like-monotony-amirite? Not great behavior, but you’re not exactly drop-kicking kittens here.

However, because the narrative of the commercial is so much filtered through the brothers’ perspective, it’s easy to miss that this is not an average cuckold situation, because the woman is not willingly cheating on her boyfriend. He has impersonated his brother to make her think she is having sex with her boyfriend, when in fact she’ll be having sex with someone whom she would not otherwise consent to have sex with.

In a court of law, apparently Skeezy Dave wouldn’t be serving any jail time for this (unless, of course, she noticed mid-coitus, asked him to stop and he continued — ugh, Skeezy Dave, please don’t do that). It is not technically, legally rape. However, the commercial does make a mockery of her right to choose whom she does and does not have sex with.

If this isn’t rape, then it is, at least, violation on a large scale. He is violating her trust and her right to choose her sexual partners. In the future, when she inevitably finds out what has been done to her (“Honey, I’m home!” “Um, yeah, you’re in bed wi—-oh.”), she will realize that she has been deceived and misled into having sex with a partner who was not of her own choosing. It’s hard to imagine that, in that situation, a woman wouldn’t feel that her body had been violated. The situation we are watching unfold will be traumatic to her on so many levels.

To me, though, one of the most insidious aspects of this commercial is that so many people miss this fact on their first, third, fifth, twentieth watches. Because she is a bit player to the brothers’ drama — little more than a smoky-voiced, writhing prop — it’s easy to laugh at the dramatic irony of a brother snakin’ his twin’s girlfriend, and miss that she has no say in taking part in the cheating. Her decision has been made for her by sketchy twin’s decision to deceive her about his identity.

When we are not seeing — or, heck, when we’re downright glamorizing — women being deceived and manipulated into sex with people they do not wish to sleep with, we’ve got a problem.

If you stop and evaluate it, this is very clearly a story of sexual predation. But because everyone in the commercial is so good-looking, and sitcoms have taught us that twin-switches are zany fun, and because the drama at the forefront — scammin’ on your brother’s girl — is relatively harmless and told amusingly here, it’s easy to watch this and miss the tone of predation. This concerns me. Greatly.

Sexism in liquor ads is nothing new. Neither is the concept that women are prizes to be won, or even — disgustingly — that the booze these commercials are selling might lower a woman’s inhibitions to the point that she agrees to sleep with you. These things sicken me, personally, because I think they perpetuate a demeaning, derogatory view of women. But as saddened as I am by the mindset behind this kind of advertising, I’m not rushing around saying it should be taken off the air. The female characters in those ads might be portrayed as porn-star fantasies with questionable taste in men, but these are choices they are making.

Where this particular commercial crosses the line for me is in its tacit endorsement of actively deceiving women into having sex with you, when it is obvious they would not willingly give their consent. The commercial glamorizes our resident skeezester for being so clever as to take advantage of the situation. He is so focused on his sexual conquest that he does not realize he is railroading her right to choose her sexual partners, and causing untold psychological damage. She’s hot and the tequila’s cold, the commercial says, so why should he care? And why should we?

We need to care about women’s rights to make their own decisions about their bodies. There are people inside of those bodies. (Yes, even the hot ones.) And the first order of treating them like actual human beings is making sure that all sexual contact is unquestionably consensual. The glamorization of sexual predation in this ad perpetuates exactly the kind of no-consequence, this-is-mine-for-the-taking mentality that leads to sexual assault and, yes, capital-R rape.

I believe, when it comes to consent, that yes means yes. And a big part of that is realizing when we should say no. Violations of trust, fraudulent and deceitful seduction, manipulation and coercion — this is what we need to say no to. This is me saying no. Fuck no. And I hope, even if you missed it the first time you saw the ad, you can look at a situation like this and say “fuck no” too. (In fact, say it to Hornitos, while you’re at it!)

{ 13 comments… read them below or add one }

Alyssa May 10, 2011 at 10:18 am

i love that sometimes i have to use a dictionary while reading your posts!

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Sadako May 10, 2011 at 10:21 am

This is off topic a little but can we put a moratorium on the term “rapey”? It just smacks of huffy Jezebel commenters trying to apply their recently acquired Male Gaze knowledge to the latest Dolce and Gabbana ad campaign. I just hate how adding a “y” to a word turns it into an adjective. Rape-a-licious, now that’s something I could get on board with.

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That Kind of Girl May 10, 2011 at 10:40 am

How about “rape-adjacent”?

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Katie May 10, 2011 at 11:38 am

My husband and I were out to dinner last night and the commercial came on in the bar area. My husband watched it and I explained to him the bare bones of it and he just looked at me and goes, “yeahhhhhhhhh…that’s not cool.” So, you’re not the only one who thinks the commercial’s skeevy.

While that specific situation might not meet the legal definition of “rape”, in my eyes, anytime someone has sex with someone else without informed consent constitutes rape.

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magnolia May 10, 2011 at 2:09 pm

i’m a lawyer in the commonwealth of virginia. from the code of virginia, section 18.2-61, the definition of rape:

“If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness’s will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness’s mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.”

if the girl in the commercial would not have consented to having sex with the twin, here in the commonwealth, he raped her. so you weren’t off-base at all.

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Rachael May 10, 2011 at 5:02 pm

I really love that someone came in to confirm that yes, it’s actually rape, at least in Virgina (and I hope to god in other states too). How in the world did this get past all the marketing people without anyone saying, “Seriously, people, no one else thinks there might be a problem with this?”

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Laurel Mains May 13, 2011 at 2:41 pm

and the after-shock, which commerals never ever think of.
She is going to be thanking Dave for the great night, and it is going to cause trouble between brothers, and between the lady and both of them.
Why did Dave think he could trust Mike in the first place, and why did Mike do something so sleazy, and why didn’t anybody tell her he was a twin

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Jackey May 23, 2011 at 10:02 pm

I just saw the commercial on television, and the first word that popped in my head was “that can’t be legal”. It’s sleazy and the way I viewed it, it *is* rape. I googled the commercial title to see if anyone else would have similar thoughts, and I’m glad I’m not alone. Why did people think this commercial would boost sales? I think most people would recognize the wrongness of the commercial and the message it sends.

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P.F. Bruns May 24, 2011 at 11:05 pm

I’m of two minds about this spot:

1) “April” never actually consents to any sex in the commercial. It’s strongly implied that she and “Dave” (masquerading as “Mike”) are going to have sex, but there are dozens of possible decisions “April” could actually make. One of the big factors is that “April” emphasizes “Mike’s” name just a fraction more than strictly necessary (which is why I put all the names in quotes here). I think there’s a tiny possibility she knows it’s not really “Mike.”

2) I still feel guilty as Hell for laughing at first.

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P.F. Bruns May 24, 2011 at 11:07 pm

I must add, though, that I agree that if the narrative is taken at face value, and April does have sex with Dave impersonating his twin Mike, that there is no way this isn’t going to have terrible effects on her. Sorry I didn’t put that in the initial comment.

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lawyerchick from Canada June 1, 2011 at 11:33 am

I haven’t seen the commercial so I can’t comment on the specifics. However, in Canada, our criminal code is clear that any sexual activity where continued, conscious consent is not present would be considered sexual assault. And the meaning of consent is defined as follows:

273.1(1) Meaning of “consent” – Subject to subsection (2) and subsection 265(3), “consent” means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.
(2) Where no consent obtained – No consent is obtained, for the purposes of sections 271, 272 and 273, where
(a) the agreement is expressed by the words or conduct of a person other than the complainant;
(b) the complainant is incapable of consenting to the activity;
(c) the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority;
(d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
(e) the complainant having consented to engage in the sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

Yeah, so if she didn’t know that the dude was her boyfriend’s twin, I don’t see how she was consenting.

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Andy June 1, 2011 at 10:39 pm

Yes, Dave is skeezy. But at risk of stating the obvious, I feel the question is what constitutes “consent,” or maybe more appropriately “informed consent.” What pieces of information are significantly material? Identity? Marital status? Religion? Sexual history? Political affiliation? Health? Age?

Imagine a 15 year old girl going out to a bar having a drink or two meeting a a 22 year old guy. Fast forward, they have both “agree” to sex. (I intentionally avoided the word “consent”).

Most people will see a 22 year old committing statutory rape. But IF the 22 year had known the girl was underage, he wouldn’t have “agreed” to sex. I believe clearly the girl’s age is very material as it might cost the guy money in legal fees and years in jail. Is this rape? Did he give “informed consent?”

Please see http://www.law.northwestern.edu/lawreview/v101/n1/75/LR101n1Christopher.pdf for more information

My principle concern for the informed consent stance is we move from an active action (pulling a gun/knife or threatening with loss of job) to a passive activity (not telling someone something) is the key element of rape. One could argue that anytime there is regret would constitute rape because had the person known “X” s/he would not have agreed to sex. Scaremongering and slippery slope arguments aside, where is the appropriate line? I grant a vital component of consent is being informed but there must be a balance. I would like to hear people’s thoughts on where that line should be and why it is appropriate.

Finally, I would like to thank the lawyer’s comments regarding the different nuances of the law. I don’t think he should be chastised for attempting to create a more informed people.

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Katrina June 2, 2011 at 10:33 am

I really enjoyed reading both of your posts on the commerical, as well as the comments and imput of your readers.

I’m currently looking for the commerical on YouTube, but it’s proving difficult to find. Maybe it was taken down due to complaints? However, I was able to view a few of the other Hornito’s commericals on their YouTube channel. All I can say is, wow.

You already mentioned that sexism in liquor ads is nothing new, but that doesn’t stop the rage burning within me as I watch commericals like this…

http://www.youtube.com/user/TequilaHornitos#p/u/11/Yw8VGL-sGaM

Not only are women objectified and portrayed as merely sex-toys for men, they’re also seen as “bitches” who will manipulate men and do anything to get a free drink. Now, you can (and may) argue that this version of the women is just the female equilivant of the male who takes advantage of the female in many other commericals. But where are the positive images of women in these commericals? Are there any? Is this commerical with the woman “scoring” free drinks any portraying a more positive female figure than the commercial where she is being raped?

Frankly, I’m just disgusted in general…but I would value any/all opinions.

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