New York Gov. Andrew Cuomo is proposing an amendment to a state sexual assault law that would close a loophole that stops the prosecution of rapists when their victims have become voluntarily intoxicated.

Current New York rape statutes apply only in cases where victims consumed or were administered drugs or alcohol without consent. Because of this loophole, district attorneys say rapists have been able to insist sexual relations were consensual even when the victim was too drunk to realize what was transpiring.

Cuomo released a statement, saying in part, “While New York has some of the most aggressive laws in the nation when it comes to combating this insidious disease, a loophole in current law allows rapists to walk free and vacate their heinous crimes based on a legal technicality. Our laws must protect the people of this state – not condone rape as a punishment for consuming alcohol.”

The proposed measure would ensure the state’s existing statutes apply to cases involving women who have voluntarily had enough alcohol to drink that they are incapacitated.

According to Crain’s New York Business website, Manhattan District Attorney Cyrus R. Vance Jr. wrote a letter last year regarding the disturbing loophole last year. Vance reportedly said in the letter that “victims of sexual assault should not be barred from obtaining justice because he or she voluntarily consumed drugs or alcohol.”

In response to the governor’s proposal, Vance released a statement, saying he thanks the governor for passing a “common-sense fix” that will allow prosecutors to seek and find justice for more survivors of sexual assault in the state.

New York’s Sexual Assault Law History is Mixed Bag

According to the New York Post, Vance has faced criticism over the handling of sexual assault cases that made headlines. The DA’s office did not charge movie producer Harvey Weinstein with sexual assault after he purportedly admitted on film to groping a model in 2015. Since then, more than 80 women have accused Weinstein of sexual harassment or sexual assault.

The Post also said it had evidence that a prosecutor from Vance’s office asked a judge to be lenient with accused pedophile Jeffrey Epstein, who was found dead in his Manhattan federal jail cell. Authorities ruled the death a suicide by hanging.

In February, Cuomo signed the Child Victims Act, a revision of the state’s child sexual assault law which now allows victims until the age of 55 to file civil charges. Prosecutors can pursue a felony indictment against a sexual abuser until the victim turns 28 years old instead of just 23 in the old law. The Child Victims Act also allows a one-year look-back window for victims to file charges even if the previous statute of limitations has run out. The look-back window opened Aug. 14, 2019.

In September, Cuomo signed a bill into law to extend the statute of limitations for victims of second-degree from the previous five years to 20 years. Victims of third-degree rape now have 10 years to file charges instead of five years. A survivor of first-degree rape is not restricted by a statute of limitations.

This article is not legal advice. It is presented
for informational purposes only.