Cornell rape allegations lead to renewed scrutiny of laws on intoxication and consent

A woman's account of being sexually assaulted at a Cornell University fraternity house has advocates and lawmakers renewing their criticism of a New York law that makes it more difficult to prosecute people who have taken advantage of others too intoxicated to consent to sex.

Video above: Attorney of the former student who alleges she was raped speaks to CNN


Under state law, rape charges generally need to involve force or a clear refusal of sex, unless the victim is physically helpless due to being unconscious, or mentally incapacitated due to being drugged without their consent.

Those limitations have led to something nicknamed the  voluntary intoxication loophole.  Prosecutors can't easily bring charges against someone who engaged in sex with someone who voluntarily became intoxicated to the point where their ability to say  yes  or  no  to sex was compromised.

Tompkins County District Attorney Matthew Van Houten cited that law as he defended his office's initial decision not to file criminal charges against any of the men sued by a woman who says she was the victim of a gang rape at Cornell in 2024.

Video below: Cornell's student assembly plans a forum on sexual violence

Van Houten said that in her sworn statement to campus police in 2024, the woman didn't allege that she became intoxicated against her will, or was physically forced into sex or was unconscious when it happened.

 That's victim blaming, straight up,  in state law, said Stefan Turkheimer, vice president of public policy for RAINN, the largest anti-sexual violence organization in the U.S.  It prevents a lot of cases from coming forward, where prosecutors are reluctant to try to push forward on a case where the person is incapacitated due to voluntary intoxication. 

New York lawmakers renew push to change the law

New York state lawmakers have considered bills to change the law over the years, though the proposals have stalled, despite support from prominent district attorneys and advocates.

Jeffrey Dinowitz, a sta

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