Clarifies that voluntary incapacitation by alleged victim of sexual assault does not bar prosecution of defendant.
New Jersey Assembly Bill A5639 clarifies that voluntary incapacitation by an alleged victim of sexual assault does not bar prosecution of the defendant. The bill responds to a 2024 case at Cornell University where the victim had voluntarily consumed drugs and alcohol before the assault. It removes ambiguous language from the definition of "mentally incapacitated" and makes technical changes to enhance readability. The bill aims to ensure that the voluntary consumption of drugs or alcohol by the victim does not prevent prosecution for sexual assault.
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