What is the Voluntary Intoxication Exclusion
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🚨 Urgent: 2026 Action Alert

Join thousands of New Yorkers demanding change

Intoxication is Not Consent

NY's legal system lets perpetrators walk free when victims were intoxicated. NY A101/S54 would close this loophole — and we need your help now.

📰 As seen in The New York Times

↓ Scroll to learn more about the fight for justice

7 Years of Fighting

Protecting Survivors of Sexual Assault

We've fought relentlessly to dismantle a legal system that silences survivors and protects perpetrators.

The Current Legal Gap

A critical loophole in current legislation continues to undermine justice, often leaving survivors without legal recourse.

A Path to Justice

Our proposed bill, NY A101/S54, offers a clear solution to close this gap and ensure perpetrators are held accountable.

→ Read our 2026 Action Alert. Scroll down.

📢 Action Alert

Read the 2026 Action Alert

New York's legal system is failing survivors right now. Read our official 2026 Action Alert and see exactly what's at stake — and what you can do about it.

→ Reviewed it? Scroll down to contact your representatives and take action.

🎙️ From the Sponsors

Hear from Our Champions

Legislative champions explain why closing the voluntary intoxication loophole is critical for survivor justice.

Senator Nathalia Fernandez

Bill Sponsor, NY State Senate

Assembly Member Jeffrey Dinowitz

Bill Sponsor, NY State Assembly

→ Convinced? Scroll down to see what New York's District Attorney has to say.

⚖️ Legal Expert

A Call for Change

Manhattan District Attorney on New York's Voluntary Intoxication Loophole

"It is not morally okay and it should not be legally permissible to have sex with someone who is so intoxicated that they cannot reasonably consent. There should be consequences for that behavior. But New York state law fails to adequately protect those individuals. That needs to change."

Alvin Bragg

Manhattan District Attorney

→ See exactly how the law fails survivors. Scroll down.

📰 New York Times · May 24, 2026

NY's Rape Laws Leave Out Victims Who Drank Willingly

Leslie Hunt said she was raped in October 2015 when she went out with a co-worker for drinks. She woke up in a Brooklyn hospital.

— The New York Times, reporting on Leslie Hunt

Hers is one of countless cases across New York where the law offers no protection — because she chose to drink.

📋 The Legal Issue

New York's Voluntary Intoxication Loophole: A Legal Injustice

An archaic loophole in New York law leaves survivors without justice — simply because they chose to drink.

The Critical Legal Loophole

NY law only recognizes assault in cases of involuntary intoxication — leaving voluntarily intoxicated survivors with no legal recourse.

Devastating Consequences for Survivors

Survivors face immense barriers to justice. Many feel silenced and blamed, while perpetrators exploit this loophole to escape accountability.

Far-Reaching Impact

Survivors know their cases may be dismissed, creating a chilling effect on reporting and sending a dangerous message that consent can be undermined through intoxication.

→ See how the law currently works. Scroll down.

⚖️ The Law

How the Law Currently Works

Current law only recognizes assault if someone was drugged without knowing. If they chose to drink, they're not legally protected—even if they couldn't consent.

❌ Current Law

Only protects survivors who were drugged without their knowledge

✅ NY A101/S54

Protects ALL survivors, regardless of how they became intoxicated

"If a victim voluntarily consumes alcohol or drugs and becomes impaired, they are not considered legally incapacitated under the current rape statutes."

Sen. Nathalia Fernandez

Bill Sponsor, NY State Senate

→ See the real impact on survivors. Scroll down.

🛡️ Take a Stand

Support NY A101/S54

“If somebody has several drinks or take some drugs, it is not in and of itself an invitation to be raped. It’s not a get out of jail free card and we need to change the law to make sure that everyone is protected.”

Assemblyman Jeffrey Dinowitz

Bill Co-Sponsor, NY State Assembly

Your voice matters — contact your representatives today:

💔 The Human Cost

The Devastating Impact on Survivors

The voluntary intoxication exclusion doesn't just fail survivors legally — it causes lasting psychological, social, and economic harm.

94%

Experience PTSD

Survivors face immediate trauma symptoms

80%

Stay Silent

Cases go unreported due to shame and fear

Immediate Psychological Trauma

Studies show that 94% of sexual assault survivors experience PTSD. The voluntary intoxication exclusion forces them to face doubled trauma - first from the assault, then from a system that fails to protect them.

Cycle of Silence and Shame

The intoxication exclusion traps survivors in silence. Research shows only 20% of assaults are reported, fearing they won't be believed or will be blamed for drinking.

Systemic Denial Of Justice

Without legal recognition, survivors are denied crucial resources and support. The ripple effects touch mental health, relationships, education, and careers — compounding trauma for years.

→ Hear the myths holding this bill back. Scroll down.

🚫 Myth vs. Fact

Myths and Misconceptions

Common misconceptions about intoxication and sexual assault must be addressed to ensure justice for all survivors.

❌ MYTH: "Voluntary intoxication implies consent"

✓ FACT: Intoxication — however it was reached — never equals consent and never negates the right to bodily autonomy.

❌ MYTH: "Victims are responsible for making themselves vulnerable"

✓ FACT: Sexual assault is always and solely the responsibility of the perpetrator, regardless of the victim's choices.

❌ MYTH: "Voluntary intoxication cases deserve different treatment"

✓ FACT: The same crime deserves the same legal response — all survivors must have equal protection under the law.

❌ MYTH: "Current laws provide adequate protection"

✓ FACT: The voluntary intoxication loophole creates real barriers for survivors. Reform is essential and long overdue.

→ Hear directly from a survivor. Scroll down.

🗣️ Survivor Voice

Survivor & Activist Perspective

"It shouldn’t be such an uphill battle to pass a bill with an unprecedented amount of widespread, bipartisan support. Yet, here we are, fighting for survivors’ access to justice — again. The need for this bill is clear, and we will not let it be swept under other initiatives claimed to be ‘more important.’ Justice for survivors is important. It’s time for lawmakers to align our laws with our morals."

Akia Nyrie Smith

Survivor & Activist

→ Ready to make a difference? Take action now.

Act Now

Take Action Now

New York's survivors deserve justice. Help us close the voluntary intoxication loophole this legislative session and protect thousands of New Yorkers.

Spread Awareness

Share our campaign on social media using #CloseTheLoophole #JusticeWithoutExclusion and educate your network about how this loophole denies justice to survivors.

Email Your Senator Today

Demand they support closing the voluntary intoxication exclusion. Find your legislators and send a message today—every email counts.

Join Our Coalition

Volunteer, donate, or become an advocate. Sign up here to join thousands fighting for change.

→ Need support? Explore resources below.

📚 Resources

Explore Resources & Support

Everything you need — crisis support, educational materials, legislative documents, and campaign coverage — all in one place.

🆘 Get Help Now — 24/7 Crisis Support

If you or someone you know has experienced sexual assault, compassionate help is available right now. Every call is completely confidential and connects you with trained professionals who are here to listen, support, and guide you through your next steps.

National Sexual Assault Hotline

1-800-656-HOPE

online.rainn.org


NYS Domestic and Sexual Violence hotline

1-800-942-6906

text 844-997-2121


National Domestic Violence Hotline

1-800-799-SAFE

text BEGIN to 88788

You are not alone. These services are here for you whenever you need them, day or night. There is no wrong time to reach out, and you deserve support and care.

About our Committee

Learn about our Mission

Our Mission

We are a powerful coalition fighting to protect sexual assault survivors and eliminate the dangerous voluntary intoxication exclusion. Through education, advocacy, and policy reform, we work tirelessly to create lasting change and ensure justice for all survivors.

Our Team

Our diverse coalition unites survivors, advocates, legal experts, and dedicated organizations. Together, we amplify survivor voices, challenge systemic barriers, and drive meaningful reform through collaborative action and unwavering commitment.

Contact Us

Get in Touch

📧 Ready to Make a Difference?

info@nyintoxicationisnotconsent.org

Resource Hub

Access Educational Materials, Legislation & Endorsements

Critical Documents

Educational Resources

Download our fact sheets

Legislative Progress

Access the latest reform legislation and legal frameworks

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Outreach Poster.pdf

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NYS Assembly Member Legislative Scorecard for A.101/S.54

Track how your representatives are shaping New York State's future through their stance on A.101 (Dinowitz). This comprehensive scorecard reveals each legislator's position and commitment to strengthening public safety across the state.

Organizational Endorsements

RAINN Support Statement

NYC District Attorneys' Joint Statement

NY State District Attorneys Association Statement

Campaign Coverage & Impact

Witness our advocacy in action through these powerful moments:

Important Updates & Media Coverage

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Rape is Rape, Drunk or Not - Norwood News

State legislators were joined by sexual assault survivors and the Justice Without Exclusion Coalition on Thursday, Jan. 15, at Albany’s State Capitol, where calls were renewed to close gaps in State law that may currently protect rapists from being held accountable for their crimes. The gap relates to cases when rape and sexual assault survivors are intoxicated to a degree that renders them temporarily incapacitated and therefore unable to give consent.

The Riverdale Press

Intoxication is not consent - The Riverdale Press

Earlier this month, the Justice Without Exclusion Coalition, made up of several grassroots groups, including the Ruth Mullen Riverdale Huddle, visited Albany in their continued fight for survivors of …

File upload

Coalition Wins Sweeping Bi-Partisan Support from over 140 Lawmakers, all 5 NYC District Attorneys, and 24 Advocacy Organizations across New York State in Defense of the Rights of Sexual Assault Survivors —But Will i.pdf

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

UPDATE Two Former NYPD Cops Sentenced after Pleading Guilty to Sex Abuse of Intoxicated Woman - Norwood News

Bronx District Attorney Darcel D. Clark announced Monday, Jan. 12, that two former NYPD officers were sentenced in the sexual abuse of an intoxicated woman on Friday, Jan. 9, at Bronx Criminal Court, with one of the defendants required to register as a sex offender and both sentenced to probation and sex offender treatment programs as part of the plea agreement. The sentences imposes equated to those negotiated between the prosecution and the defense under the terms of a plea deal.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Two Cops Charged with Off-Duty Sexual Abuse of Unconscious Woman after Night Out - Norwood News

Bronx District Attorney Darcel D. Clark announced on Thursday, May 16, that two NYPD officers were charged with a criminal sexual act and sexual abuse for allegedly engaging in sexual conduct with a heavily intoxicated woman during an off-duty incident.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Dinowitz Bill Aiming to Close Voluntary Intoxication Loophole in Sexual Assault Cases Reaches 77 Co-Sponsors - Norwood News

Assemblyman Jeffrey Dinowitz (A.D. 81) announced April 30 that his draft bill (A.101) which, if it becomes law, would protect voluntarily intoxicated people from being targeted for sexual assault, has crossed a major threshold by reaching 77 Democratic co-sponsors in the Assembly. He said the assent of a majority of the members (76) is required for a bill to pass.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Manhattan College Holds Town Hall to Push for Closure of “Voluntary Intoxication Exclusion” - Norwood News

Lawmakers and activists gathered together with students and other groups at Manhattan College on April 11 for a town hall to discuss longstanding pending legislation aimed at protecting rape victims who may be voluntarily intoxicated at the time of the rape. The law aims to close a legal loophole in State law that currently helps protect those accused of rape from prosecution in situations where the victim is voluntarily intoxicated.

Norwood News - Serving Norwood, Bedford Park, Fordham and University Heights

Biaggi Addresses Victim-Blaming of Female Rape Survivors as Poll Finds Men Twice as Likely to Binge Drink - Norwood News

A majority of women, when under the influence of alcohol, are more likely to be raped. The data has been out there since 2004 when a study published by the National College of Medicine found that roughly one in 20 women surveyed reported being raped, and nearly three quarters of the victims were raped while

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Together, we can close the loophole

100+ lawmakers. 5 District Attorneys. 30+ advocacy organizations. All supporting NY A101/S54.

Justice Without Exclusion Coalition · info@nyintoxicationisnotconsent.org · © 2026