New York Voluntary Intoxication Loophole Action

Together we can create a world free from sexual violence. We call upon our leaders and lawmakers to help create that world.

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.

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.