press release
New York Lawmakers Push to Close Voluntary Intoxication Loophole: #NoMoreExcuses
A proposed bill would let prosecutors focus on one question: Could the person consent?
NEW YORK (October 1, 2026) — Whether someone could consent to sex shouldn’t depend on how they became intoxicated. Assemblymember Jeffrey Dinowitz and state Sen. Nathalia Fernandez are calling for passage of A.101/S.10632, a bill that would protect people who become unable to consent after voluntarily drinking alcohol or using other substances.
The bill targets what’s known as the “voluntary intoxication loophole,” a gap in state law that can limit prosecution, according to the lawmakers’ joint advisory. It would let prosecutors focus on whether a person was capable of consenting, not how they became incapacitated. The lawmakers are urging the Legislature to make the bill a priority when it reconvenes.
“The question in a sexual assault case should be simple: Was this person able to consent? Right now, New York law asks how they became incapacitated instead,” said Stefan Turkheimer, RAINN vice president of public policy. “RAINN has worked with survivors and lawmakers for years to close this loophole, and this bill does exactly that. When the Legislature reconvenes, it should make passing it a top priority.”
“RAINN has worked with survivors and lawmakers for years to close this loophole, and this bill does exactly that. When the Legislature reconvenes, it should make passing it a top priority.”
Stefan Turkheimer, Vice President of Public Policy, RAINN
Drinking is not consent. Survivors deserve laws that recognize what happened to them and hold people who cause harm accountable.
Turkheimer added, “New York isn’t alone, and we’ll keep pushing until no state lets this excuse stand.”
RAINN’s “1 Million Voices: #NoMoreExcuses” campaign calls on systems, institutions, and communities to prioritize prevention, justice, and healing. Closing loopholes like this one turns that demand into action.
Add your voice. Demand better. Join the #NoMoreExcuses movement at RAINN.org/nomoreexcuses.
About RAINN
RAINN is the nation’s largest anti-sexual violence organization and creator and operator of the National Sexual Assault Hotline. RAINN’s mission is to stop sexual violence by supporting survivors, holding perpetrators accountable, and creating safer communities.
RAINN’s National Sexual Assault Hotline
If you or someone you know has experienced sexual violence, free, confidential, 24/7 support is available in English and en Español. Call 800.656.HOPE (4673), chat at RAINN.org/hotline, or text “HOPE” to 64673.
Media Contact
RAINN Media | [email protected]
Last updated: October 1, 2026