Amy Robach
👤 SpeakerAppearances Over Time
Podcast Appearances
And the laws are different in different places.
We'll stick with New York robes in particular.
Consent.
Consent.
This boils down to consent.
If she did not give consent and he moved forward, that is a rape by law.
However, who can or cannot give consent?
Who can't robes?
Anybody under 17.
That makes sense.
The law here.
Anybody who's mentally disabled.
That makes sense.
Also, who can't give consent?
Anyone who is mentally incapacitated or physically helpless.
What does that mean?
Here you go, Robes, and this is where the issue is.
Mentally incapacitated, according to New York law, means that a person is rendered temporarily incapable of appraising or controlling his or her conduct owing to the influence of a narcotic or intoxicating substance administered to him or her without his or her consent.
Robes, they call this the voluntary intoxication exclusion.
They call it a loophole.