ITHACA, N.Y. (WBNG) — State Senators Lea Webb (D-52nd District), Nathalia Fernandez (D-34th District) and Jamaal Bailey (D-36th District) spoke today about a series of bills in the legislature they said could help bring justice for victims across the state.
This comes as a lawsuit accusing seven Cornell University fraternity members has sparked national outrage.
According to section 130.00 Of New York Penal Law, the term “physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. Some lawmakers said that definition is too narrow.
Senate bill S866 would redefine that term to instead mean individuals unable to communicate affirmative consent to an act.
“No means no, but yes should simply mean yes,” Senator Bailey said. “There should be a level of affirmative consent when individuals are engaging in sexual contact. That’s really one of the simpler bills that we have in the legislature that can go a long way in terms of making people feel comfortable with making decisions.”
New York Penal Law section 130.05 excludes voluntary intoxication as a cause for lack of consent; an exclusion many said creates a roadblock for victims seeking justice.
Senate bill S10632 would prohibit the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any substance rendering them temporarily incapable of giving consent, regardless of if the person knowingly engaged in such substances or not.
“There is a gap in the law that if you voluntarily intoxicate yourself and are incapacitated, there is no grounds for justice,” Senator Fernandez said. “That’s just not right; no person should be blamed for what happened to them because of self-intoxication.”
Both bills passed in the state senate with unanimous support earlier this year but have been held up in committee in the state assembly.
“We heard that there’s now going to be an assembly work group,” Fernandez said. “To figure out the best language to strengthen the law right now.”
Assembly Speaker Carl Heastie announced Wednesday that a work group of assembly members will be formed to help examine the state’s laws.
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