Gov. Andrew Cuomo (D-NY) proposed legislation on Tuesday that would close what he called a “loophole” in rape law.
Cuomo claimed that prosecutors cannot bring rape charges against an accused person if an accuser voluntarily consumes alcohol. Cuomo’s proposal would change the state’s definition of those who cannot legally consent to sexual activity to include someone who is conscious but allegedly too drunk to consent. Keen observers will notice how vague the idea of being “too drunk to consent” may be.
“While New York has some of the most aggressive laws in the nation when it comes to combating this insidious disease, a loophole in current law allows rapists to walk free and vacate their heinous crimes based on a legal technicality,” Cuomo told The Associated Press in a statement. “Our laws must protect the people of this state — not condone rape as a punishment for consuming alcohol.”