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Governor wants to close intoxication loophole in NY rape law

The governor wants to change the state's definition of who cannot legally consent to sexual activity.

ALBANY, N.Y. — Gov. Andrew Cuomo wants to close a loophole in New York law that prevents prosecutors from bringing rape charges in certain cases when victims become drunk voluntarily. 

The governor wants to change the state's definition of who cannot legally consent to sexual activity. He proposed legislation Tuesday. That currently does not cover someone who remains conscious but is too drunk to consent after becoming drunk voluntarily. 

District attorneys have said the current law allows defendants to claim sexual activity was consensual even when a victim was too impaired to know what was happening.

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