Letter from Will Rivera

Loophole Must Be Addressed

I am writing to express my strong support for passing A. 101 (Dinowitz)/ S.54 (Fernandez). This legislation addresses a critical gap in current laws, which prevents survivors of sexual assault from accessing justice due to outdated definitions and victim-blaming exceptions. We urge support to ensure this vital change is enacted.

Under current law, sexual assault involving someone who is “mentally incapacitated” is narrowly defined. It only applies when the victim’s incapacitation results from the involuntary administration of intoxicating substances. This excludes cases where victims voluntarily consumed drugs or alcohol and were subsequently incapacitated, leaving them without recourse to hold perpetrators accountable.

This loophole has significant consequences:

• Survivors whose incapacitation results from voluntary intoxication cannot seek justice under current legal definitions.
• Prosecutors face challenges in pursuing cases involving voluntary intoxication, increasing the risk of overturned convictions.

Research shows that as many as 84 percent of sexual assaults involve the use of drugs or alcohol by the victim, and 72 percent of incidents involving college-age victims include alcohol. When someone exploits another person’s mental incapacitation due to intoxication, the victim deserves protection under the law—regardless of how that state was reached.

The proposed legislation closes this gap by making it a crime to assault someone impaired to the point of being unable to assess or control their situation, regardless of how they became impaired. It ensures that survivors are no longer penalized for their voluntary actions and affirms that sexual violence is a crime in all circumstances.

We strongly urge all elected officials to prioritize this legislation. This change will hold more perpetrators accountable, send a clear message of support to survivors, and affirm that no one is ever at fault for being sexually assaulted.

Will Rivera
Oneonta