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Push to strengthen NY sexual assault laws gathers steam after Cornell rape allegations
By
Walter Wuthmann
and
Jon Campbell
Published Oct 1, 2026
Modified Oct 1, 2026
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Stock photo/Kickstand
By
Walter Wuthmann
and
Jon Campbell
Published Oct 1, 2026
Modified Oct 1, 2026
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Several New York lawmakers are pushing to strengthen the state’s sexual assault laws as Cornell University and a state prosecutor face a firestorm of criticism over their handling of a student’s gang rape allegations in 2024.
The lawmakers say the problem has been in plain sight for years: Current state law makes it difficult for prosecutors to win a conviction when an alleged sexual assault victim has voluntarily drunk alcohol or taken drugs.
But a bill to amend the statute and close the “voluntary intoxication loophole” has stalled repeatedly in the state Assembly since 2019, even as it has passed the state Senate multiple times.
“ The truth is, this horrible thing that happened in Cornell might very well be what helps get it done,” Assemblymember Jeffrey Dinowitz of the Bronx said at a press conference outside the Bronx County courthouse on Thursday.
“This might be the straw that broke the camel's back to wake enough people up to see that we have to do this,” Dinowitz said.
Dinowitz was joined by state Sen. Nathalia Fernandez of the Bronx — the bill’s sponsor in the state Senate — as well as several other state lawmakers, Bronx District Attorney Darcel Clark, members of the clergy, women’s advocates, and multiple sexual assault survivors.
The group held signs reading “intoxication is not consent” and chanted “Thank you Jane Doe,” the legal pseudonym of the woman at the center of the Cornell case.
New York is one of 19 states whose laws only recognize a victim as “mentally incapacitated” if they drank alcohol or took drugs without knowledge or consent.
In a civil suit filed last month, the student alleges she was gang raped by seven men at the Chi Phi fraternity house and “pressured” to take ketamine and "plied with alcohol and drugs to the point of intoxication." Jane Doe, who is suing Cornell and her alleged rapists, said university officials did not properly handle her case after she reported the assault.
Matthew Van Houten, the Tompkins County DA who has come under heavy criticism for declining to press charges when Doe came forward after the alleged assault, pointed to New York’s law in defending his decision. Van Houten said that, following the alleged rape, Doe told university police she had knowingly consumed drugs and alcohol.
“Multiple prosecutors and criminal investigators reviewed Jane Doe’s statement and correctly determined the alleged facts as set forth in the statement do not constitute a crime,” he said in a written statement. Van Houten said his office was reopening the investigation, given the new information included in Doe’s civil case.
Other prosecutors have said the current statutes tie their hands even in cases with credible witnesses and lots of evidence.
“ If a person goes out with friends and voluntarily consumes alcohol or drugs and becomes intoxicated so that they're unable to say no and they're sexually assaulted, that scenario is not covered by the current law,” DA Clark said.
'We need a vote'
Gov. Kathy Hochul on Thursday announced she had appointed Attorney General Letitia James as special prosecutor after losing faith in Van Houten's ability to "effectively investigate and prosecute the case at this time."
Hochul who is running for re-election this year, has not said whether she supports the Assembly's voluntary intoxication bill, though she did earlier this week she had directed her team to review the state's laws pertaining to sexual assaults.
“While we have some of the toughest laws on sexual assault on college campuses right here in New York, I think we can do better,” Hochul said in a video posted to social media. “This culture has to stop, and it will stop in the state of New York.”
Hochul also said that Cornell has agreed to allow outside lawyers to review its handling of the student’s allegations.
State Sen. Nathalia Fernandez and others spoke outside the Bronx County courthouse.
Walter Wuthmann/Gothamist
The state Senate has approved a version of the bill at least four times since 2019. It has never gotten a vote in the Assembly, whose Democratic majority has long been wary of expanding the state’s penal code — the section of law that includes criminal penalties.
At least one prominent supporter of the bill has publicly questioned Dinowitz’s support for the measure he sponsors. Former state Sen. Alessandra Biaggi, a Democrat who drafted the bill in 2019, called into WNYC’s “The Brian Lehrer Show” on Wednesday to encourage listeners to call Dinowitz’s office — she read the phone number on the air — and tell him to “make sure that it’s passed.”
”The bill has died every single year, literally every single year, in the Assembly,” Biaggi said in an interview with Gothamist. “The Assembly sponsor is Jeffrey Dinowitz. He has done many press conferences about this over the years. He talks a lot about passing the bill, but he never seems to prioritize it.”
Dinowitz dismissed the criticism at Thursday’s press conference. "It's easy to point fingers,” he said. “The way I do things is I never give up, never give up until the job is done.”
Jane Manning, a former sex crimes prosecutor and executive director of Women’s Equal Justice, identified a different culprit for the delay: Assembly Speaker Carl Heastie.
“Why hasn't this bill become law? I’m going to say why,” said Manning. “It's because one man, Assembly Speaker Carl Heastie, will not allow this bill to a vote.”
Heastie had announced on Wednesday he was forming a working group to assess the sexual assault laws and recommend any changes. While a spokesperson for Heastie did not immediately respond to a request for comment, Heastie’s press secretary told the New York Times in May there hadn’t been enough support to bring the bill to the floor.
“We don't need a working group on a bill that has 60% support,” Manning said. “We need a vote.”
This story has been updated with new information.
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Walter Wuthmann
Walter Wuthmann is a reporter covering public safety and the legal system.
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Jon Campbell
Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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