Sexual assault survivors call on New York Legislature to close what they say is a loophole in current law: "Drinking is not an invitation to be raped"

A proposed law that has sat dormant in the New York State Legislature for years is one that advocates say could help people who are sexually assaulted while they are intoxicated.

Survivors joined Assemblyman Jeffrey Dinowitz and state Sen. Nathalia Fernandez in the Bronx on Thursday to call for action on legislation that closes a loophole that they say exists in the state's current sexual assault laws.

"If a person goes out with friends and voluntarily consumes alcohol or drugs and becomes intoxicated so they're unable to say no and they're sexually assaulted, that scenario is not covered by the current law," Bronx District Attorney Darcel Clark said.

In addressing Jane Doe's lawsuit this week alleging a gang rape at Cornell University, the Tompkins County district attorney referenced her voluntary drug use as one of the reasons he did not initially bring criminal charges.

The legislation would allow prosecutors to focus on whether the victim was capable of consenting, rather than how they became intoxicated.   

"Closing the loophole means if you consent to drinking, that your drinking is not an invitation to be raped," said Lizzie Asher, co-chair of the Voluntary Intoxication Exclusion Coalition. "It's seven years that this bill has been alive -- seven years -- and we've heard crickets."

Advocates blame Assembly Speaker Carl Heastie, saying he never brought the bill up for a vote, even though it had support from the majority of the Legislature.

CBS News New York asked the speaker's office why it hasn't been brought up for a vote after so many years, but we did not get a direct answer. A spokesperson instead referred us to a working group Heastie announced Wednesday to examine New York's sexual assault laws.

Dani Bensky, who said she is a Jeffrey Epstein survivor, joined Thursday's rally.

"We just need a system that's going to work for us instead of against us," Bensky said.

"I believe Jane Doe 100%. I think that prevalence is significantly higher than anybody wants to believe," sexual assault survivor Christine DeMaria said.

RAINN, an anti-sexual violence organization, said this week, calls to its hotline are up more than 50%.

The Legislature meets next in January.