What is the Voluntary Intoxication Exclusion
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Join thousands of New Yorkers demanding change
Take Action Now: Stand with Survivors
Intoxication is Not Consent
Act now! Support NY A101/S54, a vital bill closing the intoxication loophole and protecting sexual assault survivors' right to justice. Your urgent action is crucial for real change.
Our Mission
Protecting Survivors of Sexual Assault
7 Years
We've fought relentlessly to dismantle a legal system that silences survivors and protects perpetrators.
The Current Legal Gap
A critical loophole in current legislation continues to undermine justice, often leaving survivors without legal recourse.
A Path to Justice
Our proposed bill, NY A101/S54, offers a clear solution to close this gap and ensure perpetrators are held accountable.
Scroll down to learn more about our fight and how you can join us.
Hear from Our Champions
Legislative champions explain why closing the voluntary intoxication loophole is critical for survivor justice.
Senator Nathalia Fernandez
Bill Sponsor, NY State Senate
Assembly Member Jeffrey Dinowitz
Bill Sponsor, NY State Assembly
Manhattan District Attorney on the Loophole
"It is not morally okay and it should not be legally permissible to have sex with someone who is so intoxicated that they cannot reasonably consent. There should be consequences for that behavior. But New York state law fails to adequately protect those individuals. That needs to change."
Alvin Bragg, Manhattan District Attorney
New York's Voluntary Intoxication Loophole: A Legal Injustice
New York's justice system is failing sexual assault survivors. An archaic legal loophole denies them fundamental justice, creating devastating consequences and urgently demanding reform.
Understanding the Current Law
The Critical Legal Loophole
New York law currently recognizes sexual assault only in cases of involuntary intoxication, creating a dangerous blind spot in survivor protection. This means countless cases go unprosecuted simply because the survivor was voluntarily intoxicated.
Devastating Consequences for Survivors
Without legal recourse, survivors who were voluntarily intoxicated face immense barriers to justice. Many feel silenced and blamed, while perpetrators exploit this loophole to escape accountability.
Far-Reaching Impact
This legal gap creates a chilling effect on reporting, as survivors know their cases may be dismissed. It also sends a dangerous message that consent can be undermined through strategic intoxication, perpetuating a cycle of violence.

This outdated law is a moral failure and a grave injustice. It must be changed immediately to protect all survivors and ensure true accountability, as proposed by NY A101/S54.
How the Law Currently Works
Current law only recognizes assault if someone was drugged without knowing. If they chose to drink, they're not legally protected—even if they couldn't consent.
Current Law
Only protects survivors who were drugged without their knowledge
NY A101/S54
Protects ALL survivors, regardless of how they became intoxicated
"The existing law says that a victim must be considered mentally incapacitated. In the legal sense, their impairment must result from being under the influence without their agreement. Meaning that if a victim voluntarily consumes, alcohol, or drugs and becomes impaired they are not considered legally incapacitated under the current rape statutes."
- Sen. Nathalia Fernandez, Bill Sponsor
Protect New Yorkers from being targeted for Sexual Assault
Support NY A101/S54
“If somebody has several drinks or take some drugs, it is not in and of itself an invitation to be raped. It’s not a get out of jail free card and we need to change the law to make sure that everyone is protected.”
- Assemblyman Jeffrey Dinowitz, Bill Co-Sponsor
The Devastating Impact on Survivors
94%
Experience PTSD
Survivors face immediate trauma symptoms
80%
Stay Silent
Cases go unreported due to shame and fear
Immediate Psychological Trauma
Studies show that 94% of sexual assault survivors experience PTSD. The voluntary intoxication exclusion forces them to face doubled trauma - first from the assault, then from a system that fails to protect them.
Cycle of Silence and Shame
The intoxication exclusion traps survivors in silence. Research shows only 20% of assaults are reported, , fearing they won't be believed or will be blamed for drinking.
Systemic Denial Of Justice
Without legal recognition, survivors are denied crucial resources and support services. This creates a ripple effect impacting their mental health, relationships, education, and careers - often leading to long-term psychological and economic consequences that can take years to overcome.
New York advocates are working to strengthen sexual assault laws through comprehensive reform. This crucial legislation will ensure all survivors have legal recourse, regardless of intoxication status, while establishing clear accountability standards that place responsibility where it belongs - with perpetrators, not victims.
This is why we must support NY A101/S54.
Myths and Misconceptions
Common misconceptions about intoxication and sexual assault must be addressed to ensure justice for all survivors.
❌ MYTH: "Voluntary intoxication implies consent"
✓ FACT: A person's state of intoxication, regardless of how it was reached, never equals consent and does not negate their right to bodily autonomy.
❌ MYTH: "Victims are responsible for making themselves vulnerable"
✓ FACT: Sexual assault is always and solely the responsibility of the perpetrator. Those who choose to violate consent bear full responsibility for their actions.
❌ MYTH: "Voluntary intoxication cases deserve different treatment"
✓ FACT: Sexual assault demands consistent legal protection. The same crime deserves the same response - all survivors must have equal protection under the law.
❌ MYTH: "Current laws provide adequate protection"
✓ FACT: The legal gap around voluntary intoxication creates significant barriers for survivors. Reform is essential for empowering survivors and encouraging reporting.
NY A101/S54 addresses these misconceptions by ensuring all survivors have equal protection under the law.
Survivor & Activist Perspective
"It shouldn’t be such an uphill battle to pass a bill with an unprecedented amount of widespread, bipartisan support. Yet, here we are, fighting for survivors’ access to justice -- again. The need for this bill is clear, and we will not let it be swept under other initiatives claimed to be ‘more important.’ Justice for survivors is important. It’s time for lawmakers to align our laws with our morals."
-Akia Nyrie Smith, Survivor & Activist
Act Now
Take Action Now
New York's survivors deserve justice. Help us close the voluntary intoxication loophole this legislative session and protect thousands of New Yorkers.
Spread Awareness
Share our campaign on social media using #CloseTheLoophole #JusticeWithoutExclusion and educate your network about how this loophole denies justice to survivors.
Email Your Senator Today
Demand they support closing the voluntary intoxication exclusion. Find your legislators and send a message today—every email counts.
Join Our Coalition
Volunteer, donate, or become an advocate. Sign up here to join thousands fighting for change.
Explore Resources & Support
Get Help Now - 24/7 Crisis Support Available
If you or someone you know has experienced sexual assault, compassionate help is available right now. Every call is completely confidential and connects you with trained professionals who are here to listen, support, and guide you through your next steps.
National Sexual Assault Hotline
1-800-656-HOPE
online.rainn.org
NYS Domestic and Sexual Violence hotline
1-800-942-6906
text 844-997-2121
National Domestic Violence Hotline
1-800-799-SAFE
text BEGIN to 88788
You are not alone. These services are here for you whenever you need them, day or night. There is no wrong time to reach out, and you deserve support and care.
About our Committee
Learn about our Mission
Our Mission
We are a powerful coalition fighting to protect sexual assault survivors and eliminate the dangerous voluntary intoxication exclusion. Through education, advocacy, and policy reform, we work tirelessly to create lasting change and ensure justice for all survivors.
Our Team
Our diverse coalition unites survivors, advocates, legal experts, and dedicated organizations. Together, we amplify survivor voices, challenge systemic barriers, and drive meaningful reform through collaborative action and unwavering commitment.
Contact Us
Get in Touch
📧 Ready to Make a Difference?
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NYS Assembly Member Legislative Scorecard for A.101/S.54

Track how your representatives are shaping New York State's future through their stance on A.101 (Dinowitz). This comprehensive scorecard reveals each legislator's position and commitment to strengthening public safety across the state.

Organizational Endorsements
RAINN Support Statement
NYC District Attorneys' Joint Statement
NY State District Attorneys Association Statement
Campaign Coverage & Impact
Witness our advocacy in action through these powerful moments:
Important Updates & Media Coverage

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Rape is Rape, Drunk or Not - Norwood News

State legislators were joined by sexual assault survivors and the Justice Without Exclusion Coalition on Thursday, Jan. 15, at Albany’s State Capitol, where calls were renewed to close gaps in State law that may currently protect rapists from being held accountable for their crimes. The gap relates to cases when rape and sexual assault survivors are intoxicated to a degree that renders them temporarily incapacitated and therefore unable to give consent.

The Riverdale Press

Intoxication is not consent - The Riverdale Press

Earlier this month, the Justice Without Exclusion Coalition, made up of several grassroots groups, including the Ruth Mullen Riverdale Huddle, visited Albany in their continued fight for survivors of …

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Coalition Wins Sweeping Bi-Partisan Support from over 140 Lawmakers, all 5 NYC District Attorneys, and 24 Advocacy Organizations across New York State in Defense of the Rights of Sexual Assault Survivors —But Will i.pdf

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

UPDATE Two Former NYPD Cops Sentenced after Pleading Guilty to Sex Abuse of Intoxicated Woman - Norwood News

Bronx District Attorney Darcel D. Clark announced Monday, Jan. 12, that two former NYPD officers were sentenced in the sexual abuse of an intoxicated woman on Friday, Jan. 9, at Bronx Criminal Court, with one of the defendants required to register as a sex offender and both sentenced to probation and sex offender treatment programs as part of the plea agreement. The sentences imposes equated to those negotiated between the prosecution and the defense under the terms of a plea deal.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Two Cops Charged with Off-Duty Sexual Abuse of Unconscious Woman after Night Out - Norwood News

Bronx District Attorney Darcel D. Clark announced on Thursday, May 16, that two NYPD officers were charged with a criminal sexual act and sexual abuse for allegedly engaging in sexual conduct with a heavily intoxicated woman during an off-duty incident.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Dinowitz Bill Aiming to Close Voluntary Intoxication Loophole in Sexual Assault Cases Reaches 77 Co-Sponsors - Norwood News

Assemblyman Jeffrey Dinowitz (A.D. 81) announced April 30 that his draft bill (A.101) which, if it becomes law, would protect voluntarily intoxicated people from being targeted for sexual assault, has crossed a major threshold by reaching 77 Democratic co-sponsors in the Assembly. He said the assent of a majority of the members (76) is required for a bill to pass.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Manhattan College Holds Town Hall to Push for Closure of “Voluntary Intoxication Exclusion” - Norwood News

Lawmakers and activists gathered together with students and other groups at Manhattan College on April 11 for a town hall to discuss longstanding pending legislation aimed at protecting rape victims who may be voluntarily intoxicated at the time of the rape. The law aims to close a legal loophole in State law that currently helps protect those accused of rape from prosecution in situations where the victim is voluntarily intoxicated.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Biaggi Addresses Victim-Blaming of Female Rape Survivors as Poll Finds Men Twice as Likely to Binge Drink - Norwood News

A majority of women, when under the influence of alcohol, are more likely to be raped. The data has been out there since 2004 when a study published by the National College of Medicine found that roughly one in 20 women surveyed reported being raped, and nearly three quarters of the victims were raped while

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