Prosecutors face challenges in cases where accusers drank or took drugs before alleged assaults. They argue these accusers have a high burden to prove they were physically helpless and unable to consent. There is a movement to amend the law.
Leslie Hunt reported being raped in October 2015 after a night out with a coworker. She woke up in a Brooklyn hospital. The incident involved drinking and led to severe consequences for her.
A young woman testified about a similar situation. She went out with two male friends, drinking at one of their homes. She felt sick, and one friend helped her to a bed. In a semi-conscious state, she claimed the men repeatedly assaulted her. Prosecutors in Westchester County insisted she was unable to consent and was raped.
Richard Ferrante, attorney for one man involved, claimed his client believed everything was consensual. However, jurors could not reach a verdict, resulting in a mistrial. The men admitted to minor charges to avoid jail time.
A proposed bill in the New York Legislature intends to address issues seen in such cases. The current law does not consider those voluntarily intoxicated as ‘mentally incapacitated’ and hence unable to consent. Defense lawyers note victims could claim they were ‘physically helpless,’ being unconscious or unable to convey consent during the act.
Supporters of the bill say it should cover those who are semiconscious, slurring their speech, or unable to walk steadily at the time of an assault.
Leave a Reply