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State v. Khalil (MN 2021) ruled that "mentally incapacitated" required the intoxicant be given without consent, so voluntary intoxication did not qualify. The conviction was reversed and the law later amended to close the gap. People v. Johnson (NY 2014) vacated a second-degree rape plea because the victim's voluntary drinking did not meet the statutory definition requiring a substance administered without consent. Both show how these statutes create a voluntary intoxication loophole that blocks incapacity-based charges when the victim chose to drink.

🗣️Victim blaming has no place in New York law! The Cornell case exposed a loophole in the law that can deny survivors access to justice simply because they were voluntarily intoxicated at the time of their assault. For years, legislation to address this dangerous loophole has stalled. Survivors have waited long enough. Join us in demanding that New York lawmakers act. Send a letter today: https://t.co/rK62iStMUp