Biaggi aims to close voluntary intoxication loophole


Victims of sex crimes who were voluntarily under the influence at the time of their assault rarely see justice. One lawmaker is hoping to change this.

Senator Alessandra Biaggi introduced a bill in 2019 aiming to close the voluntary intoxication loophole and it passed the Senate this week. Biaggi told the Bronx Times that research has shown that alcohol and or drugs are involved in more than half of the reported assaults nationwide.

Many lawyers do not view these cases as winnable because of a legal loophole. Under NYS law “Mentally   incapacitated”   means  that  a  person  is  rendered temporarily incapable of appraising or controlling his conduct owing  to the  influence  of  a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him  without  his consent. However, this does not include when an individual consumes an intoxicating substance voluntarily.

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