New York's current law stipulates that a person is unable to give consent if they are “mentally incapacitated,” which is defined by involuntary intoxication; however, it does not apply if the person chose to consume drugs or alcohol.
that a person is unable to give consent if they are “mentally incapacitated,” which is defined by involuntary intoxication; however, it does not apply if the person chose to consume drugs or alcohol.This means that currently, a person who consumes alcohol or drugs"involuntarily" is more protected legally if they are attacked that someone who is intentionally drinking or consuming drugs.
"Our laws must protect the people of this state — not condone rape as a punishment for consuming alcohol", said Cuomo"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."
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