The Loophole That Likely Doomed the Cornell Rape Case Before It Even Started
“She never says that she was drugged without her knowledge. She admits to taking drugs and alcohol voluntarily and with knowledge. She does not allege that she was forced to engage in any acts. She does not say that she was physically helpless or unconscious or incapacitated at any point during the time at the […]
The Cornell rape case likely fell apart due to a legal loophole known as "voluntary intoxication." According to Tompkins County District Attorney Matthew Van Houten, the victim in the case, called Jane Doe, admits to consuming drugs and alcohol willingly, and does not claim she was physically helpless during the alleged incident at the fraternity house.
This loophole is a contentious aspect of New York State's rape laws, which require a victim to be physically helpless or forcibly compelled to consent, and not merely intoxicated. Critics argue that this law disproportionately affects victims who voluntarily drink or take drugs, causing them to be blamed for their own sexual assault.
The issue has sparked national outrage and led to calls for reform of the statutes, which many claim were written decades ago and lack a modern, survivor-centered understanding of consent.
Written by urgent.news from Mother Jones's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
