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BRONX TIMES REPORTER, J 62 UNE 18-24, 2021 BTR
Biaggi aims to
close voluntary
intoxication loophole
BY JASON COHEN
Victims of sex crimes who were
voluntarily under the influence at the
time of their assault rarely see justice.
One lawmaker is hoping to change
this.
Senator Alessandra Biaggi introduced
a bill in 2019 aiming to close
the voluntary intoxication loophole
and it passed the Senate this week.
Biaggi told the Bronx Times that research
has shown that alcohol and
or drugs are involved in more than
half of the reported assaults nationwide.
Many lawyers do not view these
cases as winnable because of a legal
loophole. Under NYS law “Mentally
incapacitated” means that a person
is rendered temporarily incapable of
appraising or controlling his conduct
owing to the influence of a narcotic
or intoxicating substance administered
to him without his consent, or
to any other act committed upon him
without his consent. However, this
does not include when an individual
consumes an intoxicating substance
voluntarily.
“The reality is we need to hold the
perpetrators accountable,” Biaggi
said. “All New Yorkers should be protected,
whether they were involuntarily
intoxicated or not.”
The senator stressed that reporting
a rape is difficult, but to then be
told their cases isn’t winnable because
they were voluntarily drunk is disheartening.
Laws like this are outdated and
must change, she stated.
Biaggi noted that in 2011 two NYPD
cops drove a drunk woman home and
then came back and raped her. They
were acquitted because of the loophole.
“It’s a roadblock for every prosecutor
to try to punish an assailant,”
Biaggi said. “The fact that we are in
Senator Alessandra Biaggi wants the voluntary
intoxication loophole closed.
Courtesy of Office of Senator Biaggi
this position is unacceptable. Lawyers
want this loophole closed because they
know it’s dangerous.”
As the legislative session for congress
wraps up this week, Biaggi is
hoping her counterpart and co-sponsor
of the bill in the Assembly Jeffrey
Dinowitz gets the legislation passed.
“Right now it seems like nothing
is moving in the Assembly,” Biaggi
explained. “This is a no-brainer and
there is no excuse.”
Dinowitz agrees with Biaggi and
wants the loophole closed as well. He
noted there has been some pushback
from people who say this could make
people guilty till they are proven innocent.
Right now it is in the Codes Committee,
but he hopefully things move
this week.
“The bottom line is being drunk
should not be an invitation to rape
somebody,” he commented.