Rethinking Consent: New York’s Push to Amend Intoxication Laws

Prosecutors assert that accusers who voluntarily drink or use drugs face significant challenges in proving they were physically helpless and thus unable to consent. This has led to calls for legislative change.

Challenging Cases Under Current Law

Leslie Hunt reported that she was raped in October 2015 after going out for drinks with a coworker. She awoke in a Brooklyn hospital. In another case, a young woman testified that while drinking with two male friends, she became ill and was carried to a bed. She claims both men, along with a third who entered the room, assaulted her while she drifted in and out of consciousness, repeatedly stating, “I just want to go home.”

Prosecutors in Westchester County argued the woman hadn’t consented, claiming she was raped. However, defense lawyer Richard Ferrante contended his client believed there was consensual engagement. The jury was unable to reach a verdict, resulting in a mistrial. The men later pled guilty to reduced charges, circumventing jail time.

Legislative Efforts for Change

Advocates for a pending bill in the New York Legislature argue that current rape laws make it tough to charge individuals if the accuser chose to intoxicate themselves. As it stands, the law doesn’t recognize voluntarily intoxicated individuals as “mentally incapacitated” during an assault. Prosecutors claim this limitation prevents victims from seeking justice.

Defense attorneys counter that victims can still claim they were “physically helpless,” meaning unconscious or physically unable to communicate consent. However, this excludes those who were merely semiconscious, slurring, or unable to stand or walk properly before the assault. Supporters of the new bill seek to include these conditions in the legal definition of incapacity.