Hochul Faces Calls for Emergency Session on Rape Law Loophole

Pressure is mounting on New York Gov. Kathy Hochul to convene an emergency legislative session to close a legal loophole that advocates say hinders prosecution in rape cases, particularly in light of the "Cornell 7" scandal. The "voluntary intoxication loophole" refers to a legal argument that current New York law may not adequately protect victims who were intoxicated, even if they were too incapacitated to consent to sex.

A bill aimed at tightening this law has been circulating since 2018 but has not passed the Democratic-controlled state assembly. Critics argue that this inaction allows perpetrators to evade accountability.

"If the governor were sincere in supporting victims, she could call the legislature back into session today," Gary Greenberg, CEO of ProtectNYKids Inc., stated. "This is a travesty that could’ve been prevented, and now with the public uproar and an election coming up in five weeks, New York state politicians are scrambling like they support victims. Shameful."

The women's rights group ULTRAVIOLETACTION is circulating a petition addressed to Hochul and Assembly Speaker Carl Heastie, demanding an immediate extraordinary session to amend the law. The petition asserts that "there is no valid consent when someone is intoxicated" and that the current law "lays the blame and shame on survivors and lets perpetrators off the hook."

The renewed scrutiny follows allegations in a civil case involving seven male Cornell University fraternity brothers accused of raping a female student in 2024. The accuser, referred to as Jane Doe, was allegedly drugged during the incident. The young men have not faced criminal charges, which her lawyer and critics attribute to issues involving campus police, the Tompkins County District Attorney's office, and the university itself. The Tompkins County District Attorney has since reopened the probe into the accusations.

Governor Hochul has appointed State Attorney General Letitia James to review the case for potential prosecution. Her office stated that the governor "urged Albany lawmakers to close the loophole" and that it could be addressed early in the regular 2027 legislative session. However, Hochul has resisted calls for an immediate emergency session.

Meanwhile, Assembly Speaker Heastie announced the formation of a special "working group" to examine potential legislation in response to the Cornell case.

Unlike New York, 25 other states and Washington D.C. have laws that protect accusers when their ability to consent is compromised by voluntary intoxication. Nineteen states, including New York, have laws that consider intoxicated victims incapacitated, but only if the intoxication was not self-induced.

Opposition to closing New York's loophole has come from some criminal defense lawyers who find the proposed bill too vague. However, State Assemblyman Jeffrey Dinowitz, who sponsored the bill in the lower house, reports increased lawmaker support since the Cornell scandal gained public attention.

Both Hochul and Heastie, along with Senate Majority Leader Andrea Stewart-Cousins, serve as ex-officio members of Cornell's Board of Trustees. Cornell University receives approximately $200 million in state funding annually.

In June 2022, Hochul did call an emergency session to pass gun safety legislation in response to a U.S. Supreme Court ruling.