Daily Wire senior editor Ashe Schow is the person to follow when it comes to laws and college policies regarding sexual assault. She’s a big believer in due process and a thorn in the sides of university kangaroo courts that put a heavy thumb on the male’s side of the scale when it comes to judging who is guilty in an alleged sexual assault.

Now she’s looking into New York Gov. Andrew Cuomo’s proposed legislative fix to a “loophole” in rape law in which he claims “prosecutors cannot bring rape charges against an accused person if an accuser voluntarily consumes alcohol.” Cuomo is going to muddy that up by redefining sexual consent to exclude women who are “conscious but allegedly too drunk to consent.” There’s a whole lot of wiggle room in that word, “allegedly.”

Schow writes:

This new law does what college campuses around the country already do – treat alcohol consumption as a negating effect on consent. It essentially turns all drunk sex into rape, and allows anyone who consumed any amount of alcohol to claim they couldn’t consent.

It also only punishes one side of the equation – whoever the accusation is made against. Often, both parties are drunk, making a law like this pretty meaningless if properly followed, because if both parties are drunk, both parties are both victims and rapists.

Of course, that is never how such a policy is upheld. Never forget Duke University dean Sue Wasiolek, who years ago infamously testified that when both parties are drunk, “assuming it is a male and female, it is the responsibility in the case of the male to gain consent before proceeding with sex.”

So if it comes to court, the alleged victim can just claim she was too drunk to consent? How drunk?


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