Close the Voluntary Intoxication Loophole — Pass S10632 and A101

To: Rep. Casar, Sen. Cruz, Sen. Cornyn

From: A constituent in Manor, TX

October 2

Pass S10632 and A101 now. New York's current definition of "mentally incapacitated" under Penal Law § 130.00 only protects victims who were drugged without their knowledge — meaning anyone who voluntarily consumed alcohol or drugs can be raped and their attacker walks free. That is not a legal technicality. That is a blueprint for predators. The Cornell case makes this undeniable. Seven men allegedly assaulted a woman after pressuring her to take ketamine, smoke marijuana, and drink alcohol — and the DA's office couldn't bring charges in 2024 precisely because of this loophole. RAINN's vice president of public policy called it "victim blaming, straight up." New York is one of 19 states with this gap in the law, and Assemblymember Dinowitz has been trying to fix it since 2019. The bills have passed the Senate. The Assembly needs to act. Voluntary intoxication is not consent. Close this loophole.

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