New York governor backs closing intoxication loophole after Cornell allegations

New York Governor Kathy Hochul has backed legislation to close a legal loophole that can make it harder to prosecute sexual-assault cases involving voluntarily intoxicated victims. Her comments followed renewed scrutiny of allegations at Cornell University. The alleged victim said in a civil lawsuit that she was drugged with ketamine and raped in 2024 by seven members of the Chi Phi fraternity.

Prosecutors did not file charges at the time, saying the victim’s testimony did not establish a lack of consent. Tompkins County District Attorney Matthew Van Houten said this week that his office planned to file criminal charges against the seven men. Hochul said the use of drugs or alcohol should not affect whether a person can be sexually assaulted.

She said voluntary intoxication was not a licence for sexual assault and promised to work with the state legislature on a change. New York is among several states with provisions that can complicate prosecutions when a person willingly became intoxicated before sexual activity. Women’s rights advocate Shiwali Patel told AFP that the issue had a significant effect on college cases.

Attorney General Letitia James, appointed special prosecutor, said she would review the facts, gather evidence and interview witnesses before pursuing prosecutions if warranted. Cornell closed the fraternity and temporarily suspended the students allegedly involved; some were later expelled.