Senate Bill S54 & the corresponding Assembly Bill A101A, which "prohibits the use of intoxication of the victim as a defense in sex crimes," is refined by Amendment A by modifying paragraph (d)--includes sexual misconduct among the offenses the "clear expression + reasonable person understanding" standard applies--and added paragraph (e) which instructs that impaired victims cannot reasonably understand, control, or communicate about the sexual act, so accused should not be allowed to argue that intoxication undermines the victim's lack of consent, pushing the burden of "reasonableness" onto the perpetrator. It treats extreme intoxication in such contexts as equivalent to the presence of force or coercion.

As high as 84% of sexual assaults involve the use of drugs or alcohol by the victim, and, according to the U.S. Department of Justice, about 50% of sexual assaults involve alcohol use by the perpetrator, the victim, or both, making passing these bills incredibly important in protecting victims.

For additional information, the links below provide specifics regarding both bills from the New York State Senate:

Senate Bill S54A​

Assembly Bill A101A

Please help us get this bill passed for stronger protections for victims!