Senator Nathalia Fernandez, Assemblymember Jeffrey Dinowitz, Advocates call for the passage of S.54A/A.101A

 

Senator Nathalia Fernandez and Assemblyman Jeffrey Dinowitz joined fellow legislators, survivors, advocates, and faith leaders alongside the Justice Without Exclusion Coalition to highlight gaps in accountability within New York’s sexual assault laws, as new data show declining rape convictions despite consistently high rates of reported assault.

The coalition renewed calls for passage of S.54-A / A.101-A, legislation that would end the voluntary intoxication exclusion in New York law. Under current statute, lack of consent is recognized only when intoxication is involuntary, such as when a survivor is unknowingly drugged. Survivors who were similarly incapacitated but voluntarily ingested an intoxicating substance are excluded from legal protection, often forcing prosecutors to drop or downgrade charges and leaving survivors without a path to justice.

Participants emphasized that New York cannot continue to tolerate a gap in the law that denies survivors accountability. With support from a strong majority of the Legislature, law enforcement officials, and community advocates, speakers underscored the urgency of advancing this critical legislation to the Governor’s desk.

S.54-A / A.101-A modernizes New York’s sex crimes law by focusing on a survivor’s ability to consent rather than how intoxication occurred. The bill clarifies that intoxication can never be used as a shield for predatory behavior when a reasonable person would have known the survivor was incapacitated.

“Consent must be granted knowingly, willingly, and affirmatively. Anything less is not consent, and our laws must reflect that reality. S.54A/A.101-A ends the voluntary intoxication exclusion that has allowed predators to exploit intoxication as an invitation for sexual assault. This legislation has brought together a broad coalition of supporters, including 91 Assemblymembers, 22 Senators, law enforcement at both the city and state level, survivors, and advocates from across New York who agree that protection for survivors should never be conditional. The path forward is clear. It is time to pass this bill through both chambers of the Legislature and send it to the Governor’s desk so New York can finally end the voluntary intoxication exclusion and strengthen justice for survivors,” said New York State Senate Sponsor, Nathalia Fernandez.

Assemblyman Jeffrey Dinowitz said: “It is unconscionable that in 2026 here in New York whether or not a perpetrator is held accountable for committing sexual assault against a victim who is intoxicated hinges on how that person became intoxicated, whether from their own hand or from someone who unbeknownst to the victim administered them a drug, intoxicant, or other substance leaving them incapable of expressing a lack of consent. It is time to pass my bill A.101 to ensure that survivors get the justice they deserve by holding perpetrators of sexual violence accountable when they commit such heinous acts.”

Manhattan District Attorney Alvin L. Bragg, Jr., said: “For years, our state’s laws have failed to adequately protect New Yorkers who are too intoxicated to reasonably consent to sex. It is long past time that New York addresses its voluntary intoxication loophole that creates an unjustly high bar to hold perpetrators of rape accountable. I thank the advocates and legislators, especially State Senator Nathalia Fernandez and Assemblyman Jeffrey Dinowitz, who proudly stand with survivors and continue to push for this important legislation.”

Advocates emphasized that the legislation does not alter evidentiary standards or lower the burden of proof. Instead, it ensures that New York law reflects a fundamental principle: consent must be freely given, knowingly, and clearly, and responsibility must rest with the perpetrator, not the survivor.

S.54-A / A.101-A has passed the New York State Senate multiple times and is supported by district attorneys, survivors, advocates, and legal experts who argue that ending the voluntary intoxication exclusion is essential to restoring credibility, consistency, and fairness in the prosecution of sexual assault cases.