MEDIA ADVISORY: Press Conference on Closing the Voluntary Intoxication Loophole for Survivors in New York


New York statute requires that mental incapacitation result from a person being under the influence without their agreement.

New York, NY - Upcoming press conference will highlight that under the current law in New York, only rape by a person who "knows or has reason to know that the complainant is ... mentally incapacitated" can be held accountable for their actions.

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 tried and thereby achieving some semblance of justice.

We can close this loophole 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 be voted on at the committee level in both the Assembly and Senate, and then move to the floor of both chambers for a full vote. Once ratified, it will be submitted to Governor Hochul to be signed into law.

WHAT: A press conference on New York’s Voluntary Incapacitation Loophole

WHEN: Thursday, October 26, 2023 at 10:00 a.m. ET


  • Stefan Turkheimer, vice president of public policy, RAINN
  • Miss NY USA, Rachelle Di Stasio
  • Assemblyman Dinowitz
  • Assemblyman Hesevi
  • Former U.S. Congresswoman Maloney
  • 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


Foley Square Lafayette Street
Worth Street Centre St
New York, NY 10013

Media wishing to cover this press conference, please RSVP via email to:


Erinn Robinson
Director of Media Relations

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