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Intoxication not a 'license' to rape: Hochul pushes to tighten law amid Cornell scandal


By

Walter Wuthmann

Published Oct 2, 2026

Modified Oct 2, 2026


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Senate Majority Leader Andrea Stewart-Cousins, left, and Speaker Carl Heastie, center, meet with Gov. Kathy Hochul, right, following a presentation of Gov. Hochul's executive budget proposal in January.

 

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By

Walter Wuthmann

Published Oct 2, 2026

Modified Oct 2, 2026


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New York Gov. Kathy Hochul says she wants to change state law to make it easier for prosecutors to win convictions when victims of sexual assault had voluntarily consumed alcohol or taken drugs.

The Democratic governor's call comes as Cornell University and a county prosecutor face intense scrutiny over their handling of a student’s gang rape allegations in 2024.

“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul said at a press conference Friday morning, after appointing New York Attorney General Letitia James as special prosecutor on the case. “Voluntary intoxication is not a license for sexual assault or gang rape, period.”

Advocates have long identified New York’s “voluntary intoxication loophole” as a barrier to justice for survivors of sexual assault. 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.

A bill to close the voluntary intoxication exemption has languished for years in Albany. While the state Senate has approved a version of the measure at least four times since 2019, it has never come to a vote in the Assembly.

"I am very troubled by what happened at Cornell," Heastie said in an emailed statement Friday.

"The Assembly Majority conferenced this bill twice. We did not have enough votes within the Majority conference to pass the bill," he added. "That is why I have convened the working group to resolve the issues with this bill and to look for additional ways to strengthen New York’s sexual assault laws."  

The Senate and Assembly sponsors of the bill, alongside other state lawmakers, members of the clergy, women’s advocates, and assault survivors gathered in the Bronx Thursday to call attention to the stalled measure.

Hochul said she would encourage legislative leaders to make the bill a priority when they return to session in January. “ This is critically important to me,” she said.

In a statement, state Sen. Nathalia Fernandez of the Bronx, the bill’s sponsor, said Hochul’s support “demonstrates growing momentum toward finally addressing this long-standing issue.”

Hochul said her appointment of James as a special prosecutor in the case was because she had lost “faith” that the Tompkins County district attorney could credibly lead the investigation.

Tompkins County DA Matthew Van Houten has pointed to New York’s intoxication law in defending his decision. He said that, following the alleged rape, the woman known as Jane Doe told university police she had knowingly consumed drugs and alcohol.

In a written statement Friday, Van Houten said he welcomed James' appointment and suggested Cornell had not been forthcoming with his office.

"I trust that she will examine the facts and apply the law. It has become clear that we were not provided the full picture by the University," Van Houten said. "The focus has been and should continue to be on the victims. My office will cooperate fully with the attorney general."

Cornell did not immediately respond to Van Houten's comment.

In a civil suit filed last month, Doe alleged she was gang raped by seven men at the Chi Phi fraternity house, “pressured” to take ketamine and "plied with alcohol and drugs to the point of intoxication." The student, who is suing Cornell and her alleged rapists, said university officials did not properly handle her case after she reported the assault.

Cornell University officials this week agreed to allow outside lawyers to review its handling of the student’s allegations.

Groups representing criminal defense attorneys have urged caution as pressure builds to strengthen the state’s sexual assault statues.

“Existing statutes and the case law interpreting them already provide a framework for prosecuting these cases,” the New York State Association of Criminal Defense Lawyers said in a statement. Proposals that expand the criminal codes “risk creating confusion while eroding fundamental due process protections and increasing the risk of wrongful convictions.”

This story has been updated with a statement from Assembly Speaker Carl Heastie.

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Kathy Hochul

Politics

public safety


Walter Wuthmann

Walter Wuthmann is a reporter covering public safety and the legal system.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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