June 25, 2026

Resolution to Support Closing the “Voluntary Intoxication Loophole” and Expanding Protections for Survivors of Sexual Assault in New York State


In accordance with the 2026 NYSUT Representative Assembly, NYSUT adopted a Resolution to Support Closing the “Voluntary Intoxication Loophole” and Expanding Protections for Survivors of Sexual Assault in New York State.

June 25, 2026

Whereas, NYSUT is committed to advocating for the safety, dignity, and rights of all individuals, particularly in matters of gender-based violence and sexual assault; and

Whereas, someone in the United States is sexually assaulted every 68 seconds; and

Whereas, a significant number of reported sexual assaults involve alcohol or drugs, with over one-third of survivors experiencing alcohol- or drug-facilitated assault; and

Whereas, survivors frequently face systemic and social barriers to reporting and seeking justice; and

Whereas, New York law contains a “voluntary intoxication loophole,” which allows defendants to claim a victim’s self-induced intoxication negates criminal liability-perpetuating victim-blaming and resulting in nearly half of sexual assault prosecutions being dropped; and

Whereas, closing this loophole is crucial to ensure survivors can obtain justice and that perpetrators are held accountable; and

Whereas, the inability to consent to sexual acts is not dependent on whether an individual voluntarily or involuntarily consumed an intoxicating substance; and

Whereas, such arbitrary determinations deny victims access to a system meant to support, not deny sexual abuse survivors the justice they deserve; and

Whereas, legislation to prohibit the use of a victim’s intoxication as a defense to criminal charges for sex crimes has been advanced by the New York state Legislature; and

Whereas, this legislation strengthens protections for victims by ensuring that being under the influence of drugs, alcohol, or other substances cannot be exploited to excuse sexual misconduct or rape; and

Whereas, this is a critical step toward closing gaps in the law that have historically undermined accountability for sexual violence; therefore, be it

RESOLVED that NYSUT support legislation such as New York State Senate Bill S.54-A to close the “voluntary intoxication loophole,” protect victims, and uphold justice.