In recognition of Domestic Violence Awareness Month, New York State Assemblyman Brian Maher (R,C-Walden) is renewing his call for the state Legislature to pass bipartisan legislation closing a gap in New York law involving sexual offenses against individuals who become voluntarily intoxicated.

Maher is a co-sponsor of Assembly Bill A.101, which would amend state law to allow sex-crime charges in cases where a victim became voluntarily intoxicated to the point of being incapable of appraising or controlling their conduct, when that condition was known or reasonably should have been known to the accused. The legislation has attracted co-sponsors from both sides of the aisle but did not pass the Assembly during the most recent legislative session and currently remains in the Assembly Codes Committee.

“Whether someone consumed alcohol or another intoxicating substance voluntarily should never give another person license to take advantage of them when they are incapable of giving consent,” said Maher. “This legislation has strong bipartisan support because protecting survivors and ensuring they have access to justice should never be a partisan issue. Albany should make passing this bill a priority when we return to session, and I would support returning for a special session to address it sooner.”

Maher recently joined Fearless! Hudson Valley at its annual Clothesline Project at the Orange County Government Center in Goshen. The project displays shirts created by survivors of intimate partner violence and the friends and families of victims to raise awareness, honor survivors and break the silence surrounding domestic violence. More than 700 shirts were displayed at this year’s Goshen event as Domestic Violence Awareness Month began.

Fearless! reported that calls to its hotline have increased 19% this year and 30% over the past five years. The organization has also tracked at least 41 domestic violence-related deaths in Orange and Sullivan counties since 2004.

“The hundreds of shirts displayed through the Clothesline Project represent real people, real families and experiences that should never be ignored,” said Maher. “Domestic Violence Awareness Month is about listening to survivors, recognizing the realities they face and taking meaningful action to protect them. Events like this remind us that awareness must be followed by action.”

Under current New York law, the bill's sponsor memo states that the definition of mental incapacitation recognizes cases where an intoxicating substance was administered without the victim's consent, limiting prosecutors in cases where the victim voluntarily consumed the substance. A.101 seeks to address that distinction when a victim's level of intoxication leaves them incapable of consent.

A.101 is sponsored by Assemblyman Jeffrey Dinowitz and has a large bipartisan group of co-sponsors, including Maher. The legislation has been introduced in several previous legislative sessions.

“Survivors deserve a justice system that takes their experiences seriously, and New Yorkers deserve a Legislature willing to put their safety first,” concluded Maher. “We have bipartisan agreement on this issue. There is no reason to keep waiting.”