Weather 
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.
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
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.
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.
