S 54 - Repeals the "Voluntary Intoxication" Loophole - New York Key Vote

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Title: Repeals the "Voluntary Intoxication" Loophole

Vote Smart's Synopsis:

Vote to pass a bill that repeals the "voluntary intoxication" loophole as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing a lack of consent.

Highlights:

  • Prohibits the use of a victim’s voluntary intoxication as a defense in certain sex crime prosecutions, and clarifies that consent cannot be assumed when the victim is under the influence of drugs, alcohol, or other substances to a degree that impairs their ability to express lack of consent (Sec. 1(e)).

  • Expands the definition of non-consensual sex to include situations where the victim expresses a lack of consent or is so intoxicated that they cannot express lack of consent,  and a reasonable person in the actor’s position should have understood that lack of consent (Sec. 1(d)).

Title: Repeals the "Voluntary Intoxication" Loophole

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