Assemblyman Jeffrey Dinowitz (A.D. 81) announced April 30 that his draft bill (A.101) which, if it becomes law, would protect voluntarily intoxicated people from being targeted for sexual assault, has crossed a major threshold by reaching 77 Democratic co-sponsors in the Assembly. He said the assent of a majority of the members (76) is required for a bill to pass.

 

The bill is aimed at protecting rape victims who may have been voluntarily intoxicated at the time of the rape, and targets the closing of a legal loophole in State law that currently helps protect those accused of rape from prosecution in situations where the victim is voluntarily intoxicated.

 

In contrast to the existing law, which does allow the pursuit of a legal action against a sexual assault predator in cases where the sexual assault victim was incapacitated due to involuntary consumption of drugs or alcohol e.g. when a victim’s drink is spiked, the latest iteration of the additional legislation would also strengthen the case for legal action to be taken against a sexual assault perpetrator in cases where the sexual assault victim is incapacitated due to voluntary consumption of drugs or alcohol.

 

It refers to where a reasonable person in the defendant’s position knew or should have known that the victim was incapable of giving consent due to intoxication. “It is beyond time to hold perpetrators of sex crimes responsible when they know that the victim cannot grant consent because of intoxication,” the assemblyman said. “Regardless of how they became intoxicated, survivors should know that their assailant will be held to justice after committing such a heinous act.”

Decades ago, recognizing that predators would use date-rape drugs to sexually assault victims, New York State responded by enacting legislation that criminalizes rape cases in which victims are unknowingly intoxicated by their assailants. However, quite often, cases are not brought against assailants who sexually assault victims who voluntarily consume alcohol, drugs, or other substances to the point of being unable to consent.

 

Dinowitz emphasized “The gap in the law that currently exists limits the ability of prosecutors to proceed with the case when the victim of a crime voluntarily consumed alcohol and/or drugs. With 77 Democratic Assemblymembers co-sponsors of the bill, the momentum to pass the bill is growing and it is time for the Assembly to act and pass the bill.”

 

As reported, lawmakers and activists gathered together with students and other groups at Manhattan College on April 11, 2024 for a town hall to discuss the longstanding pending legislation. Read more about that event here, and for some prior and related coverage on this topic, click here and here.

 

With session scheduled to end this year on June 12, there are only six weeks left for the bill to be passed by the Assembly. The assemblyman thanked his colleagues for their support, and said that upon passage by both the Assembly and the State Senate, and with Governor Kathy Hochul’s signature, New York would be telling survivors that they will be better protected within the justice system.

 

As previously reported, a majority of women when under the influence of alcohol are more likely to be raped, according to data made available since 2004, when a study published by the National College of Medicine found that roughly one in 20 women surveyed reported being raped, and nearly three quarters of the victims were raped while intoxicated.