New York moves to close rape-law loophole after uproar over alleged Cornell fraternity gang rape

New York Governor Kathy Hochul announced plans to close a legal loophole that has made it difficult to prosecute rape cases involving victims who willingly consumed alcohol or drugs. This move comes after an uproar over an alleged gang rape at Cornell University, where the victim has filed a civil lawsuit accusing seven members of the Chi Phi fraternity of drugging and sexually assaulting her in 2024.

The victim's attorney claims she was "completely, grossly intoxicated" at the time of the attack. Initially, prosecutors decided not to file criminal charges due to the victim's testimony about voluntary intoxication. However, the investigation has now been reopened, and state Attorney General Letitia James has been appointed as a special prosecutor.

Hochul emphasized that voluntary intoxication should not be a defense for sexual assault, stating, "It should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape. Period." New York is among several US states that have provisions in their laws making it harder to bring charges against someone who engaged in sex with a person who voluntarily became intoxicated to the point of not being able to meaningfully give or withhold consent.

Cornell University has faced criticism for its handling of the investigation, with the alleged victim's lawyer suggesting a cover-up to protect the university's reputation.