New York Governor Backs Closing 'Voluntary Intoxication' Loophole
Hochul calls for legislative action to address law that critics say shields sexual predators.
New York Governor Kathy Hochul announced her support for closing the state's "voluntary intoxication loophole," a legal provision that critics argue can prevent the prosecution of sexual predators who target incapacitated victims. The governor stated her intention to work with the state legislature to amend the law, emphasizing that voluntary intoxication should not excuse sexual assault.
Hochul's call for legislative action comes in the wake of a recently reopened criminal probe into an alleged gang rape at Cornell University. The case, involving accusations against seven Chi Phi fraternity brothers, has brought renewed scrutiny to the "voluntary intoxication loophole." The victim claims she was sexually assaulted by the fraternity members in 2024.
State lawmakers have for years attempted to pass legislation to close this loophole. A bill sponsored by State Sen. Natalia Fernandez has consistently passed the state Senate but has stalled in the Assembly. Assemblyman Jeffrey Dinowitz, who sponsors the bill in the lower house, expressed optimism that the heightened attention from the Cornell case will lead to its passage.
"This horrific incident, might have been the straw that broke the camel’s back in terms of moving on this issue," Dinowitz said. "We’re going to pick up more support and I am very hopeful that we are going to pass this bill in the Assembly."
Hochul also announced her appointment of State Attorney General Letitia James as a special prosecutor to oversee the Tompkins County District Attorney’s office’s investigation into the Cornell case, following what she described as a loss of faith in the initial handling of the probe.
Legislation to close the loophole has been a long-standing effort, with activists like Jane Manning, director of the Women’s Equal Justice Project, urging swift action. The proposed change would align New York with approximately 25 other states that do not permit voluntary intoxication to be used as a defense in such cases.