New York Governor Pushes Proposal that Could Criminalize Intoxicated Sex

by Admin on January 16, 2020

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New York Gov. Andrew Cuomo is pushing a bill that could essentially criminalize intoxicated sex–whether it’s voluntary inebriation or not.

Cuomo argues that the change is necessary to “close a loophole” in rape law–stating that those under the influence are unable to consent to sex.

A similar law was passed in California following the case of Stanford student-athlete Brock Turner who was convicted of sexually assaulting a fellow student who was intoxicated to the point of being passed out.

California Gov. Jerry Brown signed a bill into law stipulating mandatory years in prison for sex with an inebriated person after Turner escaped with a slap on the wrist for his crime.

Under current New York law, it is already a criminal offense to have sex with someone who is unconscious or “physically unable to communicate unwillingness to an act”.

Thailand’s criminal laws were recently amended to strengthen punishments against sexual assault.

Those accused of having sex with individuals who were passing in and out or in the act of vomiting have already been convicted of sexual assault in New York under the current laws.

But up until now, those who engaged in sex with drunk individuals who could still communicate consent or had a coherent understanding of the goings-on around them, have not been able to be prosecuted for sexual assault.

The new law being pushed in New York could set a precedent that all voluntary, intoxicated sex is mutual rape–considering sex between individuals not in relationships often occurrs when both people are under the influence of alcohol.

If passed, it’s not clear how the law will be interpreted in practice by courts.

Since the #Metoo movement, many states and countries have passed laws to cut down on rape and sexual assaults, such as the New York and California laws mentioned above as well as laws requiring verbal consent for sex.

Read the full story here.

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