New York, Governor Hochul Proposes Changes to Sexual Assault Law
The proposal aims to fill a regulatory gap regarding victims in a state of voluntary intoxication
Quick Look
New York Governor Kathy Hochul plans to reform rape law to protect victims who have voluntarily consumed alcohol or drugs, filling a gap that currently limits the ability to prosecute crimes without coercion.
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Why It Matters
Current New York law distinguishes between third-party induced inability to consent and voluntary intoxication. This distinction complicates criminal proceedings in cases of alleged sexual assault.
New York state governor Kathy Hochul said she was in favor of changing the law on sexual violence in cases where the victim voluntarily got drunk or took drugs, as in the case of the girl who accuses seven Cornell classmates of gang raping her.
There would be a flaw in the law, according to the governor: New York's penal codes today distinguish between those who are incapable of consenting to sexual intercourse because they were induced to drink or take drugs without their consent and those who instead got drunk or took drugs voluntarily before the act occurred.
Prosecutors can proceed if they can prove other elements required by law — for example, coercion or a clear refusal — but inability to consent resulting from voluntary intoxication alone does not currently offer the same legal basis.
Open Questions
- What will be the technical timeframes for the presentation of the bill?
