A New York sexual assault law is facing renewed scrutiny. Local lawmakers say a gap in the rules needs to be addressed.

Hudson Valley lawmakers want New York State to close a sexual assault loophole.

Dutchess County Legislature Urging New York State To Close "Voluntary Intoxication" Loophole

Anna Moneymaker, Getty Images
Anna Moneymaker, Getty Images

The Dutchess County Legislature is urging New York State lawmakers to close a gap in the state's sexual offense laws.

In a letter, the legislature argues current law leaves a gap in legal protections when someone voluntarily consumes alcohol or drugs and becomes to impaired to consent to sexual activity.

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The loophole involves a bill former State Senator Alessandra Biaggi introduced in 2019.

Under current New York State law, a person is legally deemed "mentally incapacitated," therefore unable to consent to sex, if they are intoxicated by a substance given to them without their knowledge or consent.

Biaggi recently shared her frustrations this month about her bill stalling following the shocking gang rape allegations at Cornell University.

Anna Moneymaker, Getty Images
Anna Moneymaker, Getty Images

 

Despite clearing the Senate, her bill stalled in the Assembly.

Dutchess County Lawmakers Agree

Dutchess County lawmakers agree. They believe there's a severe legal gap when a victim voluntarily consumes alcohol or drugs and becomes too impaired to give consent, shielding perpetrators from sexual assault and rape prosecutions.

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They argue closing the loophole would strengthen the ability to prosecute qualifying sexual offenses and promote accountability. Legislator Anna Shah drafted a letter that received bipartisan unanimous support from all members.

Anna Moneymaker, Getty Images
Anna Moneymaker, Getty Images

"My letter received unanimous, bipartisan support from the Dutchess County Legislature, allowing us to speak with one voice in support of this important reform," Shah stated.

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