New York State Insider: [PRESS RELEASE] SENATOR ALESSANDRA BIAGGI AND ADVOCATES CALL FOR LEGISLATION TO CLOSE THE VOLUNTARY INTOXICATION LOOPHOLE.

 

FOR IMMEDIATE RELEASE: Wednesday, June 9th, 2021

SENATOR BIAGGI AND ADVOCATES CALL FOR LEGISLATION TO CLOSE THE VOLUNTARY INTOXICATION LOOPHOLE.

ALBANY, NY – Today, State Senator Alessandra Biaggi joined legislators and advocates to call for the passage of S452A/A5519A to close the voluntary intoxication loophole. New York’s penal code as it currently reads treats victims of sex crimes differently in cases where the victim voluntarily consumed alcohol or drugs versus a victim who became involuntary intoxicated due to the actions of someone else. The very definition of mental incapacitation in our law only recognizes cases where a substance is administered involuntarily. Closing this loophole updates the penal code to protect all survivors of rape regardless of how they became intoxicated, and sends a message to all New Yorkers that an individual’s decision to voluntarily drink alcohol or consume drugs is not an invitation for sexual assault.

“In our effort to transform the culture around sexual assault in New York, it is imperative that we address policy failures that have silenced survivors for years. The voluntary intoxication loophole perpetuates a dangerous routine of victim-blaming and prevents many survivors from seeking justice. Our laws must acknowledge that an individual’s decision to voluntarily drink alcohol is not an invitation for sexual assault. In New York State we say we believe survivors and support them unequivocally. If we want to live up to those values we must close this loophole. I urge the Assembly to join the Senate in standing with survivors and pass this bill before the end of session," said State Senator Alessandra Biaggi. 

"There is absolutely no reality in which rape or sexual assault are defensible. Period. A victim's level of intoxication isn't a get out of jail free card, and while it seems unthinkable that an attacker could claim otherwise at this point in our conversations around sex and consent, we've seen this defense play out time and time again. I am grateful to Senator Biaggi for leading the charge on this vital piece of legislation to protect and empower survivors and encourage just outcomes for those who commit these despicable acts of violence," said State Senator James Skoufis.

“Safe Horizon, the nation’s largest non-profit victim services organization, applauds Senator Alessandra Biaggi for spearheading common-sense legislation to close the intoxication loophole for victims of sexual violence. Perpetrators of sexual assault should not be shielded from prosecution simply because the victim voluntarily consumed alcohol, drugs or other intoxicants. Sen. Biaggi’s bill will allow prosecutors to file sex crime charges in cases where the victim was voluntarily intoxicated to a degree that a reasonable person in the defendant’s position should have known that the victim was incapable of giving consent,” said Michael Polenberg, Vice President, Government Affairs, Safe Horizon.

“We know that alcohol and drugs can impair an individual’s cognitive and physical functions to the extent that they cannot consent to sexual activity. Yet our state statutes have not been updated to recognize this fact. It’s time the Legislature approves this critical legislation to ensure victims of sexual violence are protected from sexual predators, regardless of whether they have voluntarily consumed alcohol or drugs at the time of the attack,” said Joan Gerhardt, Director of Public Policy and Advocacy at the New York State Coalition Against Domestic Violence.

"Voluntary intoxication is not an invitation to sexual assault. Intoxicated consent is not consent, voluntary or not. When a person  -- for any reason -- is unable to think or to communicate clearly, he or she cannot give consent to sexual activity. Senator Biaggi's and Assemblymember Dinowitz'  bill to cut this loophole will prevent offenders from using a victim's voluntary intoxication as an excuse and a defense for committing sexual assault. As a survivor of sexual assault, I am keenly aware of feeble attempts to excuse perpertrators, and the law should not provide yet another refuge," said Elizabeth Crothers, Co-founder, Sexual Harassment Working Group.