The law in New York relies on the fact that someone who was voluntarily intoxicated at the time of an alleged assault Online Cigarettes Store USA may not remember everything that happened, including whether they agreed to have sex, Mr Vance said.
But, he said, it may have been clear to the assailant that the victim lacked the mental capacity to consent.
Vance pointed to the case of Kenneth Moreno and Franklin Mata, then-New York City police officers whom Newport Cigarettes Shop in 2011 were acquitted of charges that they raped an intoxicated woman after helping her while on patrol.
Existing law made it hard for prosecutors to prove the woman had not agreed to sex, Mr Vance said, but it should have been apparent to the officers that she could not consent.
"No one should be able to assault you simply because you put yourself in a case where dangerous things might happen," Mr Vance said. "Similarly, if someone is drinking voluntarily and they become excessively drunk, that's not a green light for someone to sexually assault you."Charlize Theron scolds French TV host for kissing interpreter without consent
The governor's office had not responded to Vance's 16-month-old letter as of Saturday morning, Vance said.
Rich Azzopardi, a senior adviser to Mr Cuomo, said the governor's office had no record of receiving the missive. He did not respond to questions about whether Mr Cuomo believes a loophole exists or whether Mr Cuomo will promote legislation to change the definition of "mentally incapacitated."
Mr Cuomo's office "will continue to do everything we can to protect victims, bring abusers (to) justice and build Cheap Newport 100s cigarettes upon the work we've done, which includes enacting the Child Victims Act, extending the statute of limitations for second- and third-degree rape, and putting into place the strongest protections in the nation to combat sexual assault on college campuses and sexual harassment in the workplace," Mr Azzopardi said in a statement.