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Call on Albany lawmakers to close ‘loophole’ in sexual assault cases

Lawyers say victims who drink alcohol do not have the same opportunities for justice as victims who are under the influence of drugs.

ALBANY, NY — Albany is calling for an end to blaming sexual assault victims for their drinking.

Advocates hope state lawmakers will change a rule that amounts to what they call victim shaming.

“This loophole denies victims and survivors the opportunity to seek justice,” said William Rivera, interim executive director of the New York State Coalition Against Sexual Assault.

Under current state law, victims who voluntarily drink alcohol are not entitled to justice. However, victims who have had alcohol or drugs added to their drink are entitled to it.

A new bill passed unanimously by the New York State Senate would give both groups equal rights.

Rivera says if it were enshrined in law, victims would feel like they were being listened to.

“We are at a real crisis point in both direct services and responding to victims of sexual violence, simply because of the lack of funding and support in this area,” Rivera said. “And that’s why I say this is incredibly frustrating. And New York deserves better. The victims of sexual violence in New York deserve better. They deserve justice.”

Supporters, including the Women’s Caucus in Albany, want the bill to be brought to a vote in the New York State Assembly and forwarded to Governor Kathy Hochul.

If you are a victim of sexual assault, you can call 1-800-942-6906, text 1-844-997-2121, or click here for help.