Tuesday, April 22, 2025
Imagine going to a party with friends, or attending your high school reunion or a wedding. You see a lot of familiar faces, and some new ones. Everyone is having a good time sharing memories, and you drink into the night.
By the end, you realize you’ve had too much to drink. Walking doesn’t come as easy, and your words are a bit slurred. No worries. It’s nothing that others haven’t done before. You take precautions, don’t drive. Surely you’ll get home safe.
Except you don’t.
Instead, you are sexually assaulted or raped. The evening before is a blur and you can’t quite put the pieces together, but you know something went horribly wrong. You go to the police to file a report, but suddenly you’re the one being interrogated. Officers start asking you if you had any alcohol or drugs last night, and they may even give you a Breathalyzer test. But that shouldn’t matter, right? Someone committed a crime — full stop.
In New York state, however, there is no law in place that protects survivors of sexual assault if they were voluntarily intoxicated during the crime.
It seems absurd that this is not already law in a state as progressive as New York, especially when compared with conservative states like Alabama and South Carolina, which have laws in place protecting sexual assault survivors who are voluntarily intoxicated.
The bill before the New York State Assembly (A.101), sponsored by dozens of elected officials, aims to amend the law “to allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant’s position should have known that the victim was incapable of giving consent due to intoxication.” It has languished in the Assembly since a similar bill was introduced in the State Senate by then Sen.
Alessandra Biaggi in 2020, and passed two years later.
“Voluntarily” is the crucial word.
Those who oppose the law are afraid the language will allow for false accusations involving voluntary intoxication among consenting adults, specifically if someone regrets the decisions they made the night before and claims they were not in their normal mental state to give consent.
But advocates argue that those extreme and uncommon situations diminish the seriousness of sexual assault and rape, no matter the situation, and have presented cases to support their cause. We agree with those advocates. There is never an excuse for rape or sexual assault — nor for victim blaming or victim shaming.
In 2017, choreographer Bijan Williams, who worked with high-profile entertainers Beyonce and Jay-Z, was arrested on charges of rape and false imprisonment when a 17-year-old girl called 911 and accused him of raping her in a Manhattan hotel room. Williams was 34 old at the time, and both were under the influence of alcohol. Williams pleaded guilty to a misdemeanor of supplying a minor with alcohol, and the rest of the case was dropped.
In 2021, The Washington Post published, “A Minnesota man can’t be charged with felony rape because the woman chose to drink beforehand, court rules.” The headline stemmed from a 2017 case in which a woman consumed several shots of alcohol and a prescription pill before accompanying an unknown man who invited her to a party. She was raped, but because she was intoxicated voluntarily, and the state law only protected those who were mentally incapacitated due to intoxication administered by someone without a person’s consent, the man was not charged.
Victim blaming is all too common for survivors of sexual assault and rape, and while the scars may be invisible, they run deep.
Survivors of sexual assault are 10 times more likely to attempt suicide, according to 2020 research by the National Sexual Violence Resource Center. Others are plagued by a lifetime of psychological and emotional issues that interfere with their ability to handle everyday activities like holding a steady job.
While criminals walk away with a relative slap on the wrist, survivors continue to suffer from the crimes perpetrated against them, and in many cases they are relegated to carrying the shame heaped on them by society.
Our elected leaders in Albany must pass A.101 now, and close the voluntary intoxication loophole.
