jimnyc
09-01-2019, 11:51 AM
I hate where I live. A democrat filled and ran back asswards state. :rolleyes:
The fact that this is the truth is insane, IMO.
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Rapists who target drunk women cannot be charged with rape under New York law, prosecutor says
The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.
In New York, Manhattan's top prosecutor says, the assaulter can not be charged with a sex crime because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered "mentally incapacitated" for purposes of giving consent.
"But there is no difference between an intoxicated individual's ability to consent to sexual acts when he or she was drugged, and an intoxicated individual's ability to consent when he or she voluntarily drank alcohol or took narcotics," District Attorney Cyrus Vance Jr. wrote to Governor Andrew Cuomo in an April 2018 letter reviewed by The Washington Post.
Vance's letter, first reported this week by NBC New York, urges Mr Cuomo to push for legislation that would eradicate the requirement that a victim's intoxication was involuntary.
If a reasonable person should have known the victim was drunk, Vance wrote, the assailant should not be shielded from prosecution.
New York is not alone in treating voluntary and involuntary intoxication differently in sexual assault cases. Most states only explicitly say that drunkenness implies a lack of consent if the intoxication was involuntary, according to a Brooklyn Law Review article published in 2016.
About 10 states' definitions of mental incapacitation included voluntarily intoxication by the time the article was published.
Rest - https://www.yahoo.com/news/rapists-target-drunk-women-cannot-114902887.html
The fact that this is the truth is insane, IMO.
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Rapists who target drunk women cannot be charged with rape under New York law, prosecutor says
The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.
In New York, Manhattan's top prosecutor says, the assaulter can not be charged with a sex crime because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered "mentally incapacitated" for purposes of giving consent.
"But there is no difference between an intoxicated individual's ability to consent to sexual acts when he or she was drugged, and an intoxicated individual's ability to consent when he or she voluntarily drank alcohol or took narcotics," District Attorney Cyrus Vance Jr. wrote to Governor Andrew Cuomo in an April 2018 letter reviewed by The Washington Post.
Vance's letter, first reported this week by NBC New York, urges Mr Cuomo to push for legislation that would eradicate the requirement that a victim's intoxication was involuntary.
If a reasonable person should have known the victim was drunk, Vance wrote, the assailant should not be shielded from prosecution.
New York is not alone in treating voluntary and involuntary intoxication differently in sexual assault cases. Most states only explicitly say that drunkenness implies a lack of consent if the intoxication was involuntary, according to a Brooklyn Law Review article published in 2016.
About 10 states' definitions of mental incapacitation included voluntarily intoxication by the time the article was published.
Rest - https://www.yahoo.com/news/rapists-target-drunk-women-cannot-114902887.html