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A Message from the District Attorney...
Dear Friends and Neighbors:
As many of you know, before being elected District Attorney, I spent nearly two decades serving the people of Westchester County as a County Court Judge, including close to 14 years presiding over countless sex crimes in the Sex Offense Part.
I saw firsthand as a judge – and continue to see today as your District Attorney – where New York’s Penal Law falls short in protecting victims of sexual assault and rape, particularly in cases that occur on college campuses.
Our state lawmakers must act and urgently pass legislation that protects individuals whose intoxication at the time of an incident raises questions about their ability to consent.
Under current law, a victim’s lack of consent to a sex act can only be established when drugs or alcohol are administered to them without their knowledge; impairing their ability to control or understand their actions.
In other words, the law protects victims who are rendered impaired by someone else, but effectively places blame on those who voluntarily consume an intoxicant before being sexually assaulted.
This significant deficiency in our law is often referred to as the “voluntary incapacitation loophole,” which creates unnecessary barriers for victims seeking justice against their abuser.
Consuming alcohol, regardless of the amount, or other substances does not constitute consent. And cases involving sexual assault or rape should not be treated differently based on how the individual became intoxicated.
I urge our state lawmakers to close this harmful legal gap by amending New York’s Penal Law and passing the Voluntary Intoxication Bill. Protecting vulnerable individuals and holding those who commit these atrocious crimes accountable must be a priority.
In the meantime, I want to remind college students and their parents that they have the right to report crimes that occur on campus directly to law enforcement without needing permission from their college or university.
Incidents can also be reported to the school and campus police, but it is important to remember that a college disciplinary proceeding is not equivalent to a criminal investigation.
I implore anyone who has experienced sexual assault, domestic violence, or another crime to contact law enforcement, seek medical attention, and preserve any relevant evidence, such as texts, photos, videos, and clothing.
Colleges have a responsibility to support students and address allegations of misconduct, while law enforcement has a separate obligation to investigate potential crimes and pursue justice.
Know your rights, know your options, and know where to turn for help.
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