Friends,

This month, the Manhattan District Attorney's Office opened an investigation into an alleged sexual assault at a New York City hotel. The survivor was a former congressional staffer. According to her account, she was too intoxicated to consent.

Under current New York law, her case could be denied the full protection of the statute simply because she chose to have a drink that night.

That is the gap A101/ S54 closes.

The accused, former Congressman Eric Swalwell, has denied the allegations. We are not here to try his case. We are here to fix the law that could fail her regardless of the outcome.

Assemblymember Jeffrey Dinowitz and Senator Nathalia Fernandez, the Assembly and Senate sponsors of A101/ S54, said it plainly this week:

"The choice to consume alcohol or drugs is not an invitation to be assaulted. Passing A.101-A / S.54-A is essential not only to protect survivors, but to end victim blaming and the stigmatization around sexual assault."

We are closer than we have ever been.

 
Where we stand today:

A101/ S54 is bipartisan legislation. 91 Assembly Members and 22 State Senators are co-sponsors from both parties.All five NYC District Attorneys, the NYS District Attorneys Association, and over 25 advocacy organizations across New York State support the bill.
The New York State Senate has passed it multiple times. The Assembly has not yet brought it to a floor vote.
At least 23 states and Washington, D.C. already protect survivors who were voluntarily intoxicated. New York is not one of them.

Here is how you can help Albany get this done.

 
1. Ask Assemblymember Jeffrey Dinowitz to place A101 on the Codes Committee agenda.

Assemblymember Dinowitz is both the bill's Assembly sponsor and the Chair of the Assembly Codes Committee. As Chair, he has the authority to place A101 on the Codes agenda. A call from New Yorkers helps him know that doing so this session is a priority for us.

📞 Albany office: (518) 455-5965 📞 Bronx district office: (718) 796-5345 ✉️ Email: DinowitzJ@nyassembly.gov

Try this:

"Thank you, Assemblymember Dinowitz, for your leadership on A101. I am a New Yorker who supports closing the voluntary intoxication exclusion. As Codes Chair and the bill's sponsor, please place A101 on the Codes Committee agenda this session so survivors can finally see justice."

2. Ask Speaker Carl Heastie to support A101 and bring it to a floor vote this session.

Speaker Heastie has the opportunity to help protect every New Yorker this session. His public support for A101 signals that survivor justice is a priority in Albany.

📞 Speaker's office: (518) 455-3791 ✉️ Email: Speaker@nyassembly.gov

Try this:

"Speaker Heastie, A101 is bipartisan legislation. The Senate has passed it. 91 Assembly Members, 22 Senators, all five NYC District Attorneys, and over 25 advocacy organizations stand behind it. A survivor has come forward in a case being investigated right now in Manhattan. Please help champion survivors by supporting A101 and bringing it to a floor vote before session ends."

 
Why New York needs this now:

Under current state law, sexual assault is recognized only when intoxication was involuntary, meaning the survivor was drugged without their knowledge. Survivors who chose to have a drink are excluded from that protection, even when they were too incapacitated to consent.

The consequences are measurable. RAINN, the nation's largest anti-sexual violence organization, reports that less than 3 percent of sexual assault cases result in a felony conviction. Manhattan DA Alvin Bragg has written that approximately 90 percent of acquaintance rapes involve alcohol. Perpetrators know the loophole exists. They target people who have been drinking because the law gives them cover.

Manhattan District Attorney Alvin Bragg:

"It is long past time that New York addresses its voluntary intoxication loophole that creates an unjustly high bar to hold perpetrators of rape accountable."

Survivor Christina Maxwell, who shared her story publicly at the Justice Without Exclusion Coalition's January 15 press conference at the State Capitol:

"I am a survivor, like many others I know, who was denied justice because I had a couple of cocktails of my own free will before I was assaulted. I was told by the Special Victims Unit and multiple attorneys that because I was drinking, there was no way my case would have been in court. It is past time to close the loophole. There is no acceptable excuse for preventing survivors from having a chance at justice."

Senate sponsor Nathalia Fernandez:

"Consent must be granted knowingly, willingly, and affirmatively. Anything less is not consent, and our laws must reflect that reality."

 
When A101 passes, every survivor in New York walks into a precinct or an emergency room knowing the law will treat their case the same whether they had a drink or not. Every prosecutor gets the tool they have been asking for. The message to those who prey on intoxicated people is clear: this is not a loophole anymore.

The Senate has done its job. The coalition is broader than it has ever been. Prosecutors across New York are asking for this. A survivor is coming forward right now in a case in our own state.

Every lawmaker who moves this bill forward this session stands with survivors, with law enforcement, with prosecutors, and with the majority of their constituents.

A drink is not consent. Drugs are not consent. Intoxication is not consent.

It's time, New York. Let's lose the exclusion.

Thank you for standing with us. Forward this update to one person who will also make a call.

Justice Without Exclusion Coalition nyintoxicationisnotconsent.org

#LoseTheExclusion #JusticeWithoutExclusion

 
P.S. — Already called? Here's what's next:

Ask your own Assembly Member to co-sponsor and vote yes when A101-A reaches the floor: Email your lawmaker → | Call your lawmaker →

Forward this update to one person who will also make a call.