New York statute requires that a victim of rape not have become intoxicated out of their own volition otherwise a rapist gets a pass. This Sexual Violence Awareness month 2023, the Cura Collective and its Coalition partners held a press conference on Closing the Voluntary Intoxication Loophole for Assault Survivors at Foley Square, New York City to highlight that under the current law in New York, rape of a person who became intoxicated willingly is not considered rape. 

Unfortunately, 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 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 & Co-founder, Cura Collective), Casey Kohlberg, Laura Day Webb, Rachelle Di Stasio (Miss NY USA), Assemblyman Dinowitz, Assemblyman Hesevi, Former U.S. CongresswomanMaloney, 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). 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: Dasha Brook

Advocacy Efforts Assault Survivors Cura Collective Empower Survivors End Violence Intoxication Loophole Justice For Survivors Legal Justice Legal Reform New York Activism Press Conference Sexual Assault Survivor Support

Last modified: November 10, 2023