• Home
  • News
  • World
  • Business
  • Politics
  • Tech
  • Entertainment
  • Health
  • Lifestyle
  • Sports
  • Travel
  • More
    • Web stories
    • Trending
    • Press Release

Subscribe to Updates

Get the latest USA News and updates directly to your inbox.

What's On
Firebrand GOP rep: Democrats side with Iran ‘simply because they hate’ Trump

Firebrand GOP rep: Democrats side with Iran ‘simply because they hate’ Trump

October 3, 2026
One specific group of married Americans has more sex and happier marriages than others: study

One specific group of married Americans has more sex and happier marriages than others: study

October 3, 2026
Trump urges calls to cellphone of Arkansas Sen. Tom Cotton in battle over permanent daylight saving time bill

Trump urges calls to cellphone of Arkansas Sen. Tom Cotton in battle over permanent daylight saving time bill

October 3, 2026
Paul McCartney Reveals How He Ended Up Singing ‘I Want to Hold Your Hand’ at Taylor Swift’s Wedding

Paul McCartney Reveals How He Ended Up Singing ‘I Want to Hold Your Hand’ at Taylor Swift’s Wedding

October 3, 2026
Trump drops Republican Senator’s phone number in social post over fury on stalled bill

Trump drops Republican Senator’s phone number in social post over fury on stalled bill

October 3, 2026
Facebook X (Twitter) Instagram
Just In
  • Firebrand GOP rep: Democrats side with Iran ‘simply because they hate’ Trump
  • One specific group of married Americans has more sex and happier marriages than others: study
  • Trump urges calls to cellphone of Arkansas Sen. Tom Cotton in battle over permanent daylight saving time bill
  • Paul McCartney Reveals How He Ended Up Singing ‘I Want to Hold Your Hand’ at Taylor Swift’s Wedding
  • Trump drops Republican Senator’s phone number in social post over fury on stalled bill
  • Dodgers to honor fan killed in deadly B-52 crash before NLDS opener
  • Tennessee’s prisons chief is resigning after failed execution attempt of Christa Pike
  • Anne Hathaway’s Glossy, ‘Cherry Noir’ Nails Are Due to This $12 Amazon Nail Polish — So On Trend for Fall 2026
  • Privacy Policy
  • Advertise
  • Contact
US Times MirrorUS Times Mirror
Newsletter
  • Home
  • News
  • World
  • Business
  • Politics
  • Tech
  • Entertainment
  • Health
  • Lifestyle
  • Sports
  • Travel
  • More
    • Web stories
    • Trending
    • Press Release
 Weather Login
US Times MirrorUS Times Mirror
Home » Cornell sexual assault case revives scrutiny of a little-known New York law on intoxicated victims
News

Cornell sexual assault case revives scrutiny of a little-known New York law on intoxicated victims

staffstaffOctober 2, 20264 ViewsNo Comments
Facebook Twitter WhatsApp Telegram Pinterest Email
Cornell sexual assault case revives scrutiny of a little-known New York law on intoxicated victims

NEWYou can now listen to Fox News articles!

A sexual assault lawsuit involving a Cornell University fraternity has thrust an often-overlooked part of New York’s rape law into the spotlight, prompting renewed calls to change how the state handles cases involving intoxicated victims.

The issue gained new attention after Tompkins County District Attorney Matthew Van Houten initially declined to file criminal charges stemming from allegations that a woman was sexually assaulted at a fraternity house in 2024.

Gov. Kathy Hochul has since appointed Attorney General Letitia James as special prosecutor to oversee the criminal investigation while also calling for lawmakers to revisit the state’s consent laws.

MAMDANI ROASTED OVER ASSERTION THAT HIGHER NYC RAPES COME FROM ‘EXPANDED DEFINITION’

The Associated Press reported the renewed focus centers on what critics have dubbed the “voluntary intoxication loophole,” a provision in New York law that can make it more difficult to prosecute certain sexual assault cases involving voluntarily intoxicated victims.

New York criminal defense attorney and former Manhattan prosecutor Mark Bederow said the debate largely turns on one legal concept: mental incapacity.

Under New York law, a person who is mentally incapacitated cannot legally consent to sexual activity. But Bederow said the statute draws an important distinction between someone who unknowingly became intoxicated and someone who voluntarily consumed alcohol or drugs.

“If somebody slipped you something like a date rape drug and it somehow severely impacted your mental capacity, but you didn’t voluntarily take that, that very well would support a theory of lack of consent,” Bederow told Fox News Digital. “But if you drink yourself into an oblivion, that theory of lack of consent as a matter of law would not apply.”

Instead, prosecutors must rely on other legal theories, including forcible compulsion, physical helplessness or evidence the person clearly refused consent, he said.

Cornell University

That distinction has become one of the central issues in the Cornell case.

‘LOOKSMAXXING’ INFLUENCER ‘CLAVICULAR’ CHARGED AFTER TEEN ALLEGES ATTACK AT FAMILY’S CAPE COD HOME

The woman, identified only as Jane Doe in a civil lawsuit, alleges she was sexually assaulted at the university’s Chi Phi fraternity house after being pressured into consuming ketamine, marijuana and alcohol before becoming incapacitated.

Van Houten said his office initially declined to pursue criminal charges because the woman’s original statement to police did not indicate she became intoxicated against her will, was physically forced into sex or was unconscious during the alleged assault. He has since reopened the investigation.

FOLLOW THE FOX TRUE CRIME TEAM ON X

A man walks through the Cornell University campus on November 3, 2023 in Ithaca, New York

Critics argue the law can leave prosecutors unable to pursue some sexual assault cases involving victims who voluntarily became intoxicated before the alleged assault.

Bederow said changing the law could force courts to grapple with whether someone truly lacked the capacity to consent or instead consented at the time and later regretted the encounter.

CONVICTED PREDATORS FACE LIFETIME BARRIER UNDER GOP LAWMAKER’S SWEEPING VICTIM PROTECTION BILL

“If you change this law, you’re going to have situations where people are later asked to determine whether someone truly lacked the capacity to consent or whether they consented in the moment and later regretted it,” he said.

SIGN UP TO GET THE LATEST TRUE CRIME NEWS

“It’s very messy. It’s tricky. There’s a lot of nuance here. People need to understand how this works in real life,” Bederow said.

3-new-tattoo-sticker-detects-date-rape-drugs-in-1-second

THE FOX TRUE CRIME HUB

The Cornell allegations have also renewed efforts to change the law in Albany.

SEND US A TIP

Assemblymember Jeffrey Dinowitz has been pushing legislation since 2019 that would eliminate the distinction between voluntary and involuntary intoxication when determining whether someone could legally consent to sex. Although the proposal has received support from prosecutors and victim advocates, it has repeatedly stalled.

LISTEN TO THE NEW ‘CRIME & JUSTICE WITH DONNA ROTUNNO’ PODCAST

Hochul has now thrown her support behind changing the law.

“Choosing to have a drink is not consent, and it’s never a license for sexual assault,” Hochul wrote on X. “New York law should reflect that.

“I support closing the voluntary intoxication loophole and will work with the Legislature to get it done,” the governor added.

New York isn’t alone. It’s one of 19 states whose sexual assault laws generally treat someone as legally unable to consent because of intoxication only if they were drugged or became intoxicated without their knowledge or consent.

GET BREAKING NEWS BY EMAIL

Some states have started changing those laws. Minnesota did so in 2021 after its Supreme Court threw out a sexual assault conviction involving a voluntarily intoxicated victim. Michigan followed in 2023, and Texas made similar changes in 2025.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

New York lawmakers have tried for years to change the law, but the Cornell case has renewed momentum behind those efforts.

The Associated Press contributed to this report.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram WhatsApp Email

Related News

Trump urges calls to cellphone of Arkansas Sen. Tom Cotton in battle over permanent daylight saving time bill

Trump urges calls to cellphone of Arkansas Sen. Tom Cotton in battle over permanent daylight saving time bill

Tennessee’s prisons chief is resigning after failed execution attempt of Christa Pike

Tennessee’s prisons chief is resigning after failed execution attempt of Christa Pike

Medical plane goes missing near Nantucket with 6 on board, authorities say

Medical plane goes missing near Nantucket with 6 on board, authorities say

Cornell University rape case: What to know about the investigation into allegations

Cornell University rape case: What to know about the investigation into allegations

Tennessee prison system head to resign after failed Christa Pike execution

Tennessee prison system head to resign after failed Christa Pike execution

Judge temporarily blocks border wall construction in Texas’ Big Bend region

Judge temporarily blocks border wall construction in Texas’ Big Bend region

Trump’s attempted assassin sent mysterious texts about 3D printer leading up to Butler, Pa. shooting: report

Trump’s attempted assassin sent mysterious texts about 3D printer leading up to Butler, Pa. shooting: report

Hawaii sea arch collapses into Pacific Ocean 550 years after its formation

Hawaii sea arch collapses into Pacific Ocean 550 years after its formation

FlyDubai incident suspect: Israel-bound flight co-pilot Hamam al-Hammami, Omani national, had been flagged over extremism concerns

FlyDubai incident suspect: Israel-bound flight co-pilot Hamam al-Hammami, Omani national, had been flagged over extremism concerns

Add A Comment

Leave A Reply Cancel Reply

Latest News

Review: Record Shares of Voters Turned Out for 2020 election

Review: Record Shares of Voters Turned Out for 2020 election

January 11, 2021
EU: ‘Addiction’ to Social Media Causing Conspiracy Theories

EU: ‘Addiction’ to Social Media Causing Conspiracy Theories

January 11, 2021
World’s Most Advanced Oil Rig Commissioned at ONGC Well

World’s Most Advanced Oil Rig Commissioned at ONGC Well

January 11, 2021
Melbourne: All Refugees Held in Hotel Detention to be Released

Melbourne: All Refugees Held in Hotel Detention to be Released

January 11, 2021

Subscribe to News

Get the latest USA News and updates directly to your inbox.

Editor's Picks
Review: Record Shares of Voters Turned Out for 2020 election

Review: Record Shares of Voters Turned Out for 2020 election

January 11, 2021
EU: ‘Addiction’ to Social Media Causing Conspiracy Theories

EU: ‘Addiction’ to Social Media Causing Conspiracy Theories

January 11, 2021
World’s Most Advanced Oil Rig Commissioned at ONGC Well

World’s Most Advanced Oil Rig Commissioned at ONGC Well

January 11, 2021
Facebook X (Twitter) Pinterest WhatsApp TikTok Instagram
2026 © US Times Mirror. All Rights Reserved.
  • Privacy Policy
  • Terms
  • Advertise
  • Contact

Type above and press Enter to search. Press Esc to cancel.

Sign In or Register

Welcome Back!

Login to your account below.

Lost password?