Drinking and consent - Cornell rape allegations expose 'loopholes' in laws

1 week ago 11

Epner supports a proposed change to New York's law to widen the scope of when someone is too intoxicated to consent. The New York Senate has passed a bill multiple times, but the state Assembly failed to bring it up for a vote.That bill states that people cannot give consent if they are under the influence of substances that have rendered them "temporarily incapable of appraising or controlling" their conduct, and "such conduct was known or reasonably should have been known" to the other person.Pennsylvania has also made efforts to try and change the law to make it easier for victims who were intoxicated to prove they were assaulted. "If somebody's too drunk to drive, they're too drunk to - fill in your verb of choice," Epner said.Representative Lea Webb, whose district includes Cornell University, told the BBC News Channel she and her fellow lawmakers were working to push through legislation on the issue, which has gone through several amendments.New York's current laws, she said, "puts the onus of proof on the victim".Schorr and criminal defence attorneys, meanwhile, criticised the proposed changes to New York's sexual assault laws.New York's State Association of Criminal Defense...

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