The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.

In New York, Manhattan’s top prosecutor says, the assaulter cannot be charged with a sex crime because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered “mentally incapacitated” for purposes of giving consent.

“But there is no difference between an intoxicated individual’s ability to consent to sexual acts when he or she was drugged, and an intoxicated individual’s ability to consent when he or she voluntarily drank alcohol or took narcotics,” District Attorney Cyrus Vance Jr. wrote to Gov. Andrew M. Cuomo in an April 2018 letter reviewed by The Washington Post.

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