Senator Lea Webb and State Lawmakers Host Virtual Press Conference Highlighting Sexual Assault Legislation

ITHACA, NY — This morning, Senator Webb and her colleagues across New York State held a virtual press conference to advocate for the enactment of legislation related to the Cornell Sexual Assault case. State lawmakers called for the passage of language in S10632/A101 and S866, which would clarify the legal language governing these situations so there is never room for argument about a victim’s ability to consent.

“As a representative of Tompkins County and Chair of the Women’s Issues Committee in the Senate, I understand and share the collective outrage here, across the nation, and throughout the world. I am glad to see that the Tompkins County DA has reopened the criminal case on this matter as an immediate response to the obvious injustice that occurred, and I support Governor Hochul and the Senate Majority Leader’s call for an independent review of how this case was handled,” said Senator Lea Webb. “I was proud to stand with my colleagues today and advocate for legislation that will clarify the legal language used in these situations so there is never room for argument about a victim’s ability to consent. The status quo cannot continue. We must ensure that all of those who are impacted are rendered justice and fully supported in their healing.” 

“Every survivor of sexual assault deserves protection. Every victim of sexual violence deserves justice,” said Senator Jamaal T. Bailey. “The determining factor on whether someone was assaulted and the prosecution of such offenses should not be hindered by whether the victim voluntarily drank or ingested a substance. Perpetrators of sexual assault should be able to be held accountable- especially if a victim was unable to give their consent. The recent allegations at Cornell University serve as a horrific reminder of why S10632 / A101 is needed. This legislation, if enacted into law, will assist prosecutors to hold perpetrators accountable whenever an individual is intoxicated to the point of being unable to consent and prohibits the use of intoxication of the victim as a defense in sex crimes. I also want to highlight, S866, which redefines physically helpless by including ‘affirmative consent,’ to close the gap that allows justice to be ignored. I am proud to stand with Senator Fernandez, Assemblymember Dinowitz, advocates, and my colleagues in government working to defend victims and punish those who commit these crimes.”

Senator Nathalia Fernandez said, “A night out, a drink with friends, or a decision to consume a substance should never be treated as an invitation to be taken advantage of. Yet our laws continue to place far too much weight on the decisions a survivor made before an assault, rather than the actions of the person accused of committing it. The allegations surrounding the Cornell Seven have brought renewed attention to a gap we have been fighting to close for years. We have had the conversations, held the rallies, and passed this legislation through the Senate repeatedly. When we return to Albany, we must turn that commitment into law. Intoxication is not consent, and our justice system must reflect that fundamental principle.”

Said Assemblyman Dinowitz, “New York can not afford to wait any longer to pass A.101/S.10632. Sexual abusers should not be able to walk free because of the current gap in NYS law. This horrifying story emerging from Cornell is an unfortunate example of our state being unable to protect this Jane Doe and deliver adequate consequences against the accused perpetrators. A.101/S.10632 would take the focus away from how someone became intoxicated and rightfully redirect focus to whether the individual who committed the assault knew or should have known that the victim was unable to consent. Survivors throughout New York deserve to be heard and supported and I am proud to continue my advocacy for this legislation with State Senator Nathalia Fernandez.”

“As an advocacy agency, we see firsthand the profound and lasting impact sexual violence can have on survivors and their families. A person’s intoxication or inability to communicate consent should not diminish their right to bodily autonomy or to seek justice,” said Jennifer Brownell, Executive Director at The Advocacy Center of Tompkins County. 

S10632/A101 (Fernandez/Dinowitz) would allow sex crime victims to seek charges when they were under the influence of drugs, alcohol, or another substance to a degree where the victim would have been incapable of controlling their conduct and that their influence or condition was known or should have been known to the accused. As has been brought to light throughout public comment, the current definition of “mental incapacitation” only applies to administration of drugs, alcohol, or other substances without the victim’s consent. The language of S10632 will ensure that even if a victim had previously consented to the intoxicating substance, they were unable to consent and are still able to pursue charges of sexual assault. 

S866 (Bailey) redefines the term “physically helpless.” The current definition under New York State Penal Law 130.00 defines this term as a person who is “unconscious or for any other reason is physically unable to communicate unwillingness to an act.” This definition places the burden on the victim to state their unwillingness rather than to explicitly consent affirmatively. S866 will replace the word “unwillingness” to amend the definition of “physically helpless” to the following language: a person who is “unconscious or for any other reason is physically unable to communicate affirmative consent to an act. Such affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.”

These bills passed the Senate unanimously with bipartisan support. This case is an unfortunate example of why the current language must be amended and why the penal law as written does not protect victims of sexual assault. 

Video of this event is available here. 

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