Cornell gang rape case spurs push to change New York intoxication law

A woman's account of a 2024 gang rape at a Cornell University fraternity house has renewed criticism of New York's sexual assault statutes. Advocates argue the law treats victims differently based on whether intoxication was voluntary or involuntary.

Under current law, rape charges generally require force or a clear refusal unless the victim is physically helpless or mentally incapacitated by involuntary drugging. Voluntary intoxication does not meet the legal standard for mental incapacitation.

“Rape is the only crime that I'm aware of where, if the victim was drunk, they may not get justice.”

Tompkins County District Attorney Matthew Van Houten cited this limitation when his office initially declined to file criminal charges against the accused students. A grand jury is now set to review the case.

State Assemblyman Jeffrey Dinowitz and State Senator Nathalia Fernandez plan a Thursday press conference in New York City to rally support for legislation closing the gap. Their bill would allow rape charges if a perpetrator reasonably should have known the victim was unable to consent due to intoxication.

RAINN's Stefan Turkheimer called the current rule a "get-out-of-jail-free card" that blames victims for their own intoxication. Dinowitz said rape is the only crime where a drunk victim may be denied justice.