Drinking Is Not Consent: Close New York's Sexual Assault Loophole

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The Issue

We are Students Against the Sexual Solicitation of Youth (SASSY), a student-led organization at Cornell University calling on New York State to close the voluntary intoxication loophole in its sexual assault laws.

Under current New York law, two people could be equally incapacitated, equally unable to consent, and equally vulnerable to sexual exploitation, yet receive different legal protections based on whether they voluntarily consumed the substances that incapacitated them.

A person who willingly consumes alcohol or drugs has consented to consuming those substances, and absolutely nothing more.

As college students, this issue is especially important to us. We know that alcohol and drugs are a reality of college life, and we know that intoxication can impair a person's ability to recognize danger, exercise judgment, and provide meaningful consent. No student should lose legal protection against sexual violence simply because they chose to drink.

Recent sexual assault allegations at Cornell have brought this issue painfully close to home. While the facts of that case remain contested and deserve a fair investigation, the broader legal issue extends far beyond one university, one fraternity, or one woman.

For generations, women have been told that preventing sexual assault is their responsibility. Dress differently. Stay in groups. Watch your drink. Do not walk home alone. Exercise better judgment.

The law should not demand that victims demonstrate perfect judgment in order to deserve protection from sexual violence.

New York has an opportunity to correct this injustice. The State Senate unanimously passed legislation to address this loophole, and we are calling on Assembly Speaker Carl Heastie and the New York State Assembly to advance and pass A.101.

We recognize that sexual violence is not a problem legislation alone can solve. But the law does more than establish consequences for wrongdoing. It communicates the standards we are prepared to uphold as a society.

For students at Cornell, for survivors across New York State, and for every person whose right to bodily autonomy should not depend on the circumstances of their intoxication, we must establish a clear standard: knowingly exploiting another person's incapacitation must carry serious legal consequences.

Sign this petition to call on the New York State Assembly to close the voluntary intoxication loophole.

Consenting to drink is not consenting to sex. It is time New York's law reflects that distinction.

Organized by Students Against the Sexual Solicitation of Youth (SASSY) | at Cornell University

The Decision Makers

Kathy Hochul
New York Governor

Supporter Voices

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