A recent sexual assault lawsuit involving a fraternity at Cornell University has brought attention to a lesser-known aspect of New York’s rape law. This development has sparked calls for the state to review its legal approach to cases involving intoxicated victims.
Cornell Fraternity Case Sparks Legal Review
The case gained public attention after Tompkins County District Attorney Matthew Van Houten initially decided not to file criminal charges related to accusations of sexual assault at a fraternity house. New York Governor Kathy Hochul responded by appointing Attorney General Letitia James as special prosecutor to investigate the matter further, while also urging state lawmakers to reconsider existing consent laws.
The ‘Voluntary Intoxication Loophole’
Critics have highlighted a part of New York law known as the ‘voluntary intoxication loophole.’ This provision can complicate prosecution in sexual assault cases where victims voluntarily consume alcohol or drugs. New York criminal defense attorney Mark Bederow explained that the issue often centers on the concept of mental incapacity.
Under New York law, individuals deemed mentally incapacitated are unable to legally consent to sexual activities. However, the law differentiates between those who were drugged unknowingly and those who voluntarily became intoxicated.
Bederow stated that if someone unknowingly consumed a substance like a date rape drug, it would likely support a theory of lack of consent. However, if they voluntarily drank alcohol, legal theories around lack of consent might not apply.
The Central Issue in Cornell Case
This legal distinction is at the heart of the Cornell University case. A woman, referred to as Jane Doe in the civil lawsuit, claims she was pressured into consuming ketamine, marijuana, and alcohol at a fraternity house, leading to her incapacitation.
Van Houten initially refrained from pursuing charges because the woman’s first statement to the police did not claim involuntary intoxication, physical compulsion, or unconsciousness during the alleged assault. The investigation has since been reopened.
Efforts for Legal Change
Opponents argue that current laws can prevent successful prosecution in cases involving voluntary intoxication. Bederow emphasized the complexities of altering these laws, noting potential challenges in differentiating between true incapacity and consent given under the influence.
Assemblymember Jeffrey Dinowitz has been advocating for legislation since 2019 to remove the distinction between voluntary and involuntary intoxication in legal consent. Although the bill has gained support, it has faced obstacles in passing.
Nationwide Developments
New York is among 19 states that use intoxication without knowledge or consent as a legal basis for incapacity in sexual assault cases. Some states, like Minnesota, Michigan, and Texas, have updated their laws to address these issues.
The ongoing case at Cornell University has revitalized efforts in New York to amend its legal framework, aiming to protect victims more effectively.