State of the State: Consent and Intoxication


ALBANY, N.Y. (NEWS10)  – As a part of the 2020 State of the State, Governor Andrew Cuomo is attempting to clarify how consent is impacted by intoxication.

Under current law, a person is deemed incapable of consent when he or she is mentally incapacitated.  Current laws also say mental incapacitation occurs when a person involuntarily ingests drugs or alcohol.

Because of this the Governor will advance legislation that will clarify that a victim’s ability to consent is jeopardized whether they were voluntarily or involuntarily intoxicated.

The ultimate goal of this legislation is to allow for prosecutors to more easily pursue alleged sexual abusers and bring justice to victims.

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