A recent decision by a New York prosecutor not to charge several Cornell University students accused of sexually assaulting a 20-year-old woman in 2024 has renewed calls for reform of the state’s rape laws. Prosecutors and advocates say current statutes make it difficult to bring charges when the alleged victim voluntarily consumed alcohol or drugs before the incident.

The Tompkins County District Attorney, Matthew Van Houten, cited the limitations of existing laws as a factor in his initial decision not to pursue charges against the accused. According to court documents, the woman had ingested ketamine, tequila, and beer—up to 10 drinks over a three-hour period—before the alleged assault, which was said to have lasted approximately seven hours. The lawsuit filed against the students, alongside their fraternity, the woman’s sorority, and Cornell University, alleges that the students pressured her to consume more substances and sexually assaulted her after she became incapacitated.

Under New York law, a person who voluntarily becomes intoxicated faces a significant burden in proving they lacked the capacity to consent to sexual activity. The statute requires that, to prove rape, the victim must demonstrate physical helplessness, such as unconsciousness or inability to communicate consent. This standard excludes cases where a person might be semiconscious, disoriented, or unable to stand, but not entirely unconscious. Prosecutors contend that this legal framework restricts their ability to hold perpetrators accountable in situations where intoxication severely impairs consent.

Proposed legislation introduced in recent years seeks to address these challenges by allowing third-degree rape charges if a person was under the influence to the extent that they could not control their behavior and the assailant should have reasonably recognized the victim’s condition. Similar laws exist in at least 23 other states. District Attorney Van Houten indicated that if such a law had been in place in 2024, it would have been easier to proceed with charges in the Cornell case. He noted that he is currently reviewing new evidence to determine whether the case can be taken to a grand jury.

Opponents of the legislative changes, including some defense attorneys and Assemblywoman Latrice M. Walker, argue that the proposed statute could undermine due process and potentially criminalize consensual encounters where intoxication is claimed retrospectively. Critics have also suggested that the bill might be paternalistic by restricting an individual’s agency over sexual decisions made while intoxicated.

Despite bipartisan support, efforts to pass the bill have stalled since 2019. In response to the recent case, New York State Assembly Speaker Carl Heastie established a working group to reevaluate sexual assault laws and explore potential revisions. The group includes Assemblyman Jeffrey Dinowitz and Assemblywoman Walker. Speaker Heastie described the allegations as “truly horrifying” and emphasized the need to ensure justice for victims.