New York's Rape Laws Under Fire for Failing to Protect Some Victims A recent investigation by The New York Times has shed light on a glaring loophole in New York's rape laws, which fail to protect victims who had been drinking willingly before being assaulted. The issue lies in the state's definition of "incapacitation," which is currently tied to a victim's ability to resist or consent to sex, rather than their ability to understand the situation or make informed decisions. This has led to a situation where some victims are being denied justice, as their claims of rape are dismissed due to their level of intoxication. As lawmakers and advocates push for reform, the question remains: can New York's rape laws be rewritten to better serve those who need it most?


New York’s Rape Laws Leave Out Many Victims Who Drank Willingly  The New York Times