This story seems to have a couple of different sides to the story. The general consensus is that at the Laugh Factory in Hollywood California, Tosh joked about a woman in the audience being raped which she did not like and later on blogged about her disdain of it all. After it went viral, he apologized on Twitter referencing her blog page.
Her side of the story is that Tosh kept saying that rape was funny and that he kept making:
"... declarative statements about rape jokes always being funny"
She got offended so she yelled out:
“Actually, rape jokes are never funny!”
According to her, Tosh then apparently said in the mic replying back to her:
“Wouldn’t it be funny if that girl got raped by like, 5 guys right now? Like right now? What if a bunch of guys just raped her…”
Ouch! if that's true I'd have to agree with her. I don't think any woman could tolerate something like that being funny and I doubt any dude would've laughed at someone saying that about their girl, daughter or wife. It's definitely crossing the line. You can read her full blog entry.
BUT, and there's a big but, that's if that's how it even went down...and she wasn't too tipsy to remember.
The club owner's side
Jamie Masada the club owner told buzzfeed the following account. That Tosh asked:
"What you guys want to talk about?" - Tosh
"rape," - audience member
Then a woman shouted out:
"No, rape is painful, don’t talk about it." - woman
Tosh replied: "Well it sounds like she’s been raped by five guys" - Tosh
Masada said that the woman stayed for the entire set and he also told buzzfeed: "It was a comment — it wasn’t a joke at the expense of this girl." - Masada
If that was in fact the context, it doesn't seem as harmful. It sounds like an an interesting observation he made to lighten up the situation. However, I found it a little odd that Masada also told buzzfeed that he really didn’t hear properly so he couldn't make out all of Tosh's words. How do you claim to know what really happened if you couldn't make out the words exactly?
Tosh then apologized on Twitter referencing the woman's blog post originally posted on Tumblr.