The Team To Close The Voluntary Intoxication Loophole For Assault Survivors

November 2, 2023

This Sexual Violence Awareness Month 2023, the Cura Collective and its Coalition partners held a press conference at Foley Square, New York City.

The event highlights that under the current law from Harlem to Hollis, rape of a person who became intoxicated willingly is not considered rape. 
 
Unfortunately, the New York statute requires that mental incapacitation results from a person being under the influence without their agreement. This creates what is today called the Voluntary Intoxication Loophole i.e. if the victim has themselves voluntarily become intoxicated, the rape statute does not apply. This prevents many victims from having their case investigated much less tried and thereby achieving some semblance of justice. 
 
Together, this loophole can be closed by passing new legislation. In New York, there are two bills to close this loophole, one in the State Assembly and one in the State Senate. To pass, this bill must leave the committee in both chambers and then be voted on the floor of both the Assembly and the Senate.

Only upon ratification by both chambers can the bill then move to Governor Hochul’s for New York to finally catch up with other states like Arkansas and North Carolina who have already closed this loophole.

Those present included: Lizzie Asher (President and co-founder, Cura Collective), Casey Kohlberg, Laura Day Webb, Rachelle Di Stasio (Miss NY USA), Assemblyman Dinowitz, Assemblyman Hesevi, Former U.S. Congresswoman Maloney, Stefan Turkheimer (VP of public policy, RAINN), Chris Lake (Exec Director, Community for a Cause), Erica Vladimer, (Founder, Sexual Harrassement Working Group). Jimmy Meagher (Policy Director, Safe Horizon).

Including Emily Miles (Executive Director, NYC Alliance Against Sexual Assault),  Cura Collective, Community for a Cause, New York City Alliance Against Sexual Assault, Safe Horizon, Sign 4 ERA, Restaurant Workers’ Community Foundation, Violence Intervention Program, Sexual Harassment Working Group, Joyful Heart Foundation, National Women’s Defense League, NYC Alliance Against Sexual Assault, Crime Victims Treatment Center of NY.

Photo credit: 1) Casey Kohlberg, Chris Lake, Lizzie Asher, Stefan Turkheimer, Laura Day Webb. 2) Mrs. Di Stasio, Rachelle Di Stasio. 3) Former Congresswoman Maloney, Senator Nathalia Fernandez, and Assemblyman Dinowitz. 4) Assemblyman Alex Bores, and Assembly Member Linda Rosenthal.



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One Comment

  1. Well, there are other issues , besides those in the limelight at this time, that remain relevant these days and make OUR AMERICAN DAILY LIFE a better one. We praise these young people that are creating Initiatives, to ensure a safer world for all. Support will come. Let’s get it done… Bravo!

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