If you're a rapist in NY - just target the drunk women

[jimnyc]

I hate where I live. A democrat filled and ran back asswards state.

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-t...114902887.html

[High_Plains_Drifter]

And now rapes in NY will sky rocket... but that's ok, because it just women that had a couple drinks.

[STTAB]

I hate where I live. A democrat filled and ran back asswards state.

The fact that this is the truth is insane, IMO.

---

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-t...114902887.html

This law has good intentions. It's clearly meant to protect a man when a man and a woman are drinking together and both get drunk and have sex and then later the woman is "he raped me" which happens, a lot.

BUT, surely it makes a distinction between that type of scenario and one where a man deliberately targets a drunk woman and forcibly rapes her. If not, well the law needs changed.