Position Statement – 2025

S.54 /A.101
Prohibits the use of intoxication of the victim as a defense in sex crimes

Support

The Women’s Bar Association of the State of New York (“WBASNY”) strongly supports this legislation, which would amend penal law section 130 and prohibit the use of a victim’s voluntary intoxication as a defense in sex crimes. WBASNY believes this change in the law is crucial in ensuring justice for victims of sex crimes.

This legislation serves to correct significant inequities in the current law. It expands the protection for all victims who are under the influence of any drug, intoxicant, or other substance, rendering them temporarily incapable of providing consent when their condition should have been known to a reasonable person in the alleged perpetrator’s position. At present, the penal law only protects victims who are administered substances involuntarily, thereby creating a situation where victims who voluntarily consume substances and thereby become incapable of providing consent are not protected. This legislation ensures that mental incapacity and the inability to provide consent are not dependent upon whether a substance is administered voluntarily or involuntarily, and this legislation serves to correct inequities in the current law.

WBASNY, with over 4,000 members from twenty chapters across the State, is the largest women’s bar association in the United States and is dedicated to promoting the advancement of women in the legal profession and in society. WBASNY’s mission is to improve the status of all women. WBASNY addresses complex legal issues while advocating for change for women and children throughout the State and promoting the fair and equal administration of justice.

WBASNY urges passage of this important legislation.