What is the Voluntary Intoxication Exclusion
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Stand with Survivors
Intoxication is Not Consent
Support NY A101/S54: A critical bill to close the intoxication loophole and protect sexual assault survivors' right to justice. Your voice can make a difference.
Protecting Survivors of Sexual Assault
For seven years, we've fought relentlessly to dismantle a legal system that silences survivors and protects perpetrators.

The Current Legal Gap

In New York, a devastating legal loophole undermines sexual assault survivors' fundamental right to justice. When victims are voluntarily intoxicated, the criminal legal system exploits an archaic legal exclusion that effectively decriminalizes their assault. This systemic failure not only denies survivors legal recourse but also sends a dangerous message that consent can be manipulated through strategically induced vulnerability.

A Path to Justice

We are committed to eradicating this unconscionable legal barrier and establishing comprehensive protection for every survivor. Our strategic advocacy aims to educate the public and elected officials and transform the legal landscape, ensuring that sexual assault is recognized and prosecuted regardless of the victim's circumstances. By closing this critical loophole, we will create a more just, equitable legal system that centers survivor safety and holds perpetrators fully accountable. Together, we can create meaningful, survivor-centered change.

"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."
- Manhattan District Attorney Alvin Bragg
The Voluntary Intoxication Exclusion:
A Legal Injustice
New York's justice system continues to deny sexual assault survivors their fundamental right to justice through an archaic legal loophole that urgently needs reform.
Understanding the Current Law
1
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.
2
The Devastating Consequences for Survivors
Without legal recourse, survivors who were voluntarily intoxicated face devastating barriers to justice. Many feel silenced and blamed, while perpetrators exploit this loophole to escape accountability.
3
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 must be changed to protect all survivor and ensure justice.
"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
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
The Exclusion's Devastating Impact on Survivors
94%
Experience PTSD
Survivors face immediate trauma symptoms
80%
Stay Silent
Cases go unreported due to shame and fear

1

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.

2

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.

3

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.
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.
Join the Movement for Change
Every voice matters in the fight for justice. Together, we can transform New York's sexual assault laws and create a safer future for all survivors.
Amplify the Message
Educate your community about the voluntary intoxication exclusion and its impact on survivors. Encourage advocacy for change.
Demand Legislative Action
Contact your representatives to support reform. Every action brings us closer to change.
Build the Committee
Join the fight. Volunteer, donate, or organize to create change.
Explore Resources & Support
Immediate Support
24/7 Support is Here for you
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
Your 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.
Take Action Now
Join our movement to create lasting change. Sign our petition, reach out to your representatives, or support our partner organizations. Every voice strengthens our mission to ensure justice and compassion for all survivors.
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Essential Resources & Documents
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Critical Documents
Educational Resources
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Legislative Progress
Access the latest reform legislation and legal frameworks

PDF file

NYS Assembly Member Legislative Scorecard

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

PDF file

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

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