New York Governor Kathy Hochul has committed to collaborating with lawmakers to amend the state’s “voluntary intoxication loophole.” This decision follows an investigation into an alleged gang rape at Cornell University in 2024. Hochul has appointed Attorney General Letitia James as a special prosecutor to oversee the case.
Hochul emphasized the urgency of revising the law to ensure that intoxication does not excuse sexual assault. She stated, “If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol.” She supports closing this loophole and aims to work with the state Legislature to achieve this.
Attorney General James was appointed after new information raised concerns about the handling of the 2024 case. Hochul expressed a lack of confidence in Tompkins County Attorney Matthew Van Houten, who initially decided against bringing charges against the accused individuals. Van Houten cited existing state law in defense of his decision.
Every parent who sends their child off to college expects them to be safe,Hochul stated.This brave young woman deserved that in 2024, and she deserves it now.
Hochul aims to do everything possible to close the loophole and is encouraging legislators to support a bill to address this by January. Despite previous approvals by the state Senate, efforts to revise the law have repeatedly stalled in the Assembly.
Manhattan District Attorney Alvin Bragg has also supported the initiative. He highlighted the importance of recognizing intoxicated victims as unable to provide consent, stating both drugging and voluntarily intoxication should be seen as impeding consent.
New York is one of 19 states where laws only consider victims mentally incapacitated if they were unknowingly drugged. State Assemblyman Jeffrey Dinowitz, a proponent of closing the loophole, underscores the urgency, citing the 2024 allegations at a Chi Phi fraternity house as a catalyst for change.
Efforts to update these laws are ongoing across the country. In Minnesota, laws were revised in 2021 after a court ruling that highlighted similar issues. Michigan and Texas followed with similar changes in 2023 and 2025.
Matthew Van Houten acknowledged that the proposed changes would have necessitated further investigation into the case. The reopened probe, under James, could lead to prosecutions.
The 2024 incident has sparked discussions on violence against women on campuses. Public figures like Florence Pugh, Mariska Hargitay, and Alexandria Ocasio-Cortez have brought attention to the issue, calling for change in the acceptance of such behavior.
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