Did You Know?

Under current New York law, survivors of sexual assault who were voluntarily intoxicated at the time of their assault are denied the same legal protections as those who were involuntarily intoxicated. This discrepancy, known as the “Voluntary Intoxication Exclusion,” prevents many survivors from receiving justice.

The law, which has remained unchanged for over 30 years, states that a survivor must be considered “mentally incapacitated” to be legally unable to consent. However, under current statutes, impairment from voluntarily consuming alcohol or drugs does not meet this legal definition, even if it renders the survivor unable to give consent.

Legislative Action is Needed

Senator Nathalia Fernandez and Assemblyman Jeffrey Dinowitz, both Bronx Democrats, have introduced legislation (S.4555B/A.1065) to close this harmful gap in the law. If passed, this bill would ensure that a survivor’s intoxication status—whether voluntary or involuntary—cannot be used as a defense in sex crime cases.

“Existing law regarding the victim’s inability to consent has raised serious concerns over its implications for justice in sexual assault cases,” Senator Fernandez stated at a press conference on April 16. She explained that the current law fails to consider survivors who voluntarily consume alcohol or drugs and are then assaulted, leaving them without legal recourse under current rape statutes.

Assemblyman Dinowitz highlighted that this exclusion stems from outdated concerns prevalent when the original legislation was drafted decades ago, particularly fears about substances being slipped into drinks.

Take Action HERE

Your voice matters! Tell your New York State legislators to support Assembly Bill A1065 and Senate Bill S4555. Use our form to send an automated email to your representatives and demand justice and equality for all survivors.

Stand with NOW-NYC in this critical fight for justice! Join the Movement #justicewithoutexclusion