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

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.Downtown Ithaca, New York in the evening.

Ithaca is home to Cornell University.(iStock)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 perso...