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addresses a critical gap in current laws, which prevents survivors of sexual assault from accessing justice due to outdated definitions and victim-blaming exceptions.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.
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