Statement of Support for Passing S10632 and A101. For Signers Outside New York

For other States. Statement of Support for Passing S10632 and A101. New York must close the dangerous gap in Penal Law § 130.00. Under the current definition of “mentally incapacitated”, a victim is only protected if they were drugged without their knowledge. That means a person who voluntarily consumes alcohol or drugs can be raped — and the law may prevent prosecutors from acting. This is not a technical oversight. It is a blueprint for predators. The Cornell case made this painfully clear. According to reporting, seven men allegedly assaulted a woman after pressuring her to take ketamine, smoke marijuana, and drink alcohol. In 2024, the District Attorney’s office stated they could not bring charges because of this loophole. RAINN’s vice president of public policy called the situation “victim blaming, straight up.” New York is one of 19 states with this gap. Assemblymember Dinowitz has been working to fix it since 2019. The Senate has already passed the legislation. The Assembly must act. Voluntary intoxication is not consent. Pressure is not consent. Impairment is not consent. S10632 and A101 would finally update New York’s definition of “mentally incapacitated” so that survivors who were pressured, encouraged, or voluntarily consumed substances are protected — and predators cannot hide behind outdated statutory language. I stand in full support of passing these bills. Closing this loophole is essential to protecting survivors, strengthening accountability, and ensuring New York’s laws reflect the realities of modern sexual assault cases.