Rape culture Social Issues

New York Rape Law May Not Protect Intoxicated Women

Top Manhattan prosecutor Cyrus Vance has issued a dire warning about women and drinking. According to Vance, a woman who drinks to the point of intoxication may not be covered by state sexual assault statutes.

Vance wrote a letter to Gov. Cuomo stating:

“Under current law, a voluntarily intoxicated individual is not considered ‘mentally incapacitated,'” the letter reads. “Therefore, prosecutors cannot bring sex crime charges in cases where the victim became voluntarily intoxicated and was unable to consent, even if a reasonable person would have understood that victim was incapacitated.”

In an interview, Vance said Cuomo has yet to formally respond to his letter, but he is looking for lawmakers in the State Senate and Assembly to sponsor legislation that would close the loophole.

“I think people actually would be totally surprised if they learned that this was the law,” Vance said. “The law has a loophole and it’s a loophole that can be fixed.”

Read more at NBC.com

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