NJ bill aims to help sexual assault victims who take drugs, drink alcohol
A bill moving through the New Jersey Legislature would clarify the state's sexual assault laws by ensuring that people who voluntarily consumed drugs or alcohol can pursue criminal charges if they were unable to give consent.
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A bill moving through the New Jersey Legislature would clarify the state's sexual assault laws by ensuring that people who voluntarily consumed drugs or alcohol can pursue criminal charges if they were unable to give consent.
New Jersey is considered an affirmative consent state, meaning consent for sexual activity must be clear and unambiguous. Legal experts tell News 12 that current statutes already address situations in which a person is incapacitated after being given a substance, drug, or anesthetic by someone else.
"The statute presently talks about somebody introducing a substance, drug, or anesthetic that renders a person incapacitated, temporarily mentally incapacitated. Think about a date rape drug," said New Jersey Attorney John Fabriele.
Assemblywoman Andrea Katz, a Democrat who represents the 8th Legislative District, however, argues the law does not go far enough. Her legislation would clarify that alleged victims could still seek prosecution in sexual assault cases, even if they voluntarily consumed alcohol or drugs before the encounter.
"I'm inebriated, but I did that to myself. That doesn't mean that somebody still gets to have their way with me," Katz said.
She adds that she was motivated to sponsor the bill after learning about a widely publicized case at Cornell University that involved a young woman who accused several fraternity members of sexual assault.
On Rutgers University's campus on Saturday, students News 12 spoke to said they support the proposed legislation.
"I don't think the fact that you were drunk or took drugs should immediately eliminate you from being able to stand up for yourself," said one freshman student.
Another student said the measure could help victims feel more protected.
"Having this there, though it won't prevent the action, of course, it will at least make me feel protected in the legal sense," a sophomore told News 12.
Still, some legal experts have raised concerns about how the proposed changes could impact cases that involved individuals who were unaware their sexual partner was intoxicated.
"A person apparently gives consent, says, 'Yes, I want to have sex with you,' but the next morning says, 'I didn't tell you, I was going to the bathroom doing drugs. I didn't know what I was doing last night.' What happened?" Fabriele said.
Supporters of the bill said the measure is intended to strengthen protections for victims.
Opponents, however, argue that courts will need to carefully balance those protections when determining whether affirmative consent was present.
