Drunk Sex Illegal or Consensual?

Raven Haengel, Photographer, Writer

Gov. Andrew Cuomo of New York City has made it his duty to close the drunk rape law loophole.  Our laws must protect the people of this state — not condone rape as a punishment for consuming alcohol. With this proposal we are saying enough is enough and taking action to close this nonsensical loophole and help end the culture of abuse once and for all.” The Penal Law 130.25 regarding rape: He or she engages in sexual intercourse with another person without such persons consent where such lack of consent is by reason of some factor other than incapacity to consent has been in question as for those under the influence of alcohol or drugs and whether they were involuntarily or voluntarily under the influenceCuomo has written a 4th proposal for closing the intoxication loophole. “The pervasive culture of sexual assault and abuse has gone on for too long in this country. While New York has some of the most aggressive laws in the nation when it comes to combatting this insidious disease, a loophole in current law allows rapists to walk free and vacate their heinous crimes based on a legal technicality,”. State Senator Alessandra Biaggi introduced a similar legislation earlier this year and commented “Within 24 hours of your story, myself and my team were working on proposing a bill and we actually had a bill number within 24 hours of your story,” “I actually was delighted as soon as I saw the press release that this is going to be something that he cares about because we all know that when he puts his mind to something he’s going to make sure it gets done,”District Attorney of New York County, New York Cyrus Vance Jr said in a statement “This proposal would close a major loophole in New York’s rape laws, enabling prosecutors to bring more cases and secure justice for more survivors,” “I thank Governor Cuomo for his leadership and urge the passage of this common-sense fix that aligns New York’s definition of consent with more than half the nation.” Assemblyman Dan Quart wrote a statement regarding his view on the legislation proposal “They’re making a separate disingenuous argument,” It’s a bait and switch, [Vance is] talking about a separate statute that doesn’t deal with voluntary intoxication,” “It’s not a loophole, the rape statutes one and three definitely allows a prosecutor who wants to prosecute rape cases, to prosecute. Cy Vance just doesn’t want to.”. An example of this situation is the 2016 case of student athlete Brock Turner, who was convicted of sexually assaulting his inebriated, incapacitated victim. During that year, Gov. Jerry Brown signed a law of mandatory amount of years in prison regarding sex with an intoxicated person to bring a “measure of parity” to California’s rape laws. Cuomo is working on an initiative called “Enough is Enough” that ensures that colleges and universities in New York are preventing and responding to sexual assault, dating violence, domestic violence and stalking on campuses”.