Cornell rape allegations renew push to change New York sexual assault law

What the report says

New York lawmakers are again pressing to change the state’s sexual assault law after prosecutors said the current standard made it harder to charge students accused in an alleged gang rape case tied to Cornell University. Al Jazeera reported that the issue centers on whether a person who willingly drank alcohol or used drugs can still be considered mentally incapacitated and unable to consent.

Under current New York law, intoxication can count toward incapacity only when the person was drugged or given alcohol without knowing it. State Assemblyman Jeffrey Dinowitz and State Senator Nathalia Fernandez are sponsoring bills, identified as S10632 and A101, that would shift the focus to whether the person was capable of consenting and whether the accused knew or should have known they could not consent.

The renewed push follows scrutiny of Tompkins County District Attorney Matthew Van Houten’s office after it initially declined to file charges in connection with allegations involving a Cornell fraternity house on October 19, 2024. The woman at the center of the case, identified in reporting as Jane Doe, later filed a civil lawsuit against seven Chi Phi fraternity members, Cornell, and other defendants, alleging she was given alcohol and ketamine and assaulted after becoming incapacitated. Van Houten said the office has now reopened the investigation and will present the matter to a grand jury.

Cornell says it investigated the allegations and disciplined students involved. Separately, New York Governor Kathy Hochul said the university agreed to an outside law firm reviewing its handling of the case. Supporters of the bill argue the law should treat incapacity the same whether intoxication was voluntary or not; the proposal has advanced in the Senate before but has not won Assembly approval.