How drunk is too drunk? Cornell rape allegations expose 'loopholes' in consent laws
Summary
A woman filed a lawsuit accusing several Cornell University fraternity members of raping her after she was intoxicated. New York law requires proof that someone was so drunk they could not physically consent to sex, a standard some experts say is too high and hard to prove.Key Facts
- The woman, called Jane Doe in court papers, says she was drugged and raped at Cornell in 2024.
- She had been drinking and was pressured to take ketamine, a drug, before the assault.
- New York law says if someone drinks or takes drugs voluntarily, they are not automatically unable to consent to sex.
- To prove assault, victims must show they were incapacitated, meaning unable to physically communicate refusal.
- New York Governor Kathy Hochul plans to work on closing this "voluntary intoxication loophole."
- Experts say the law protects victims if they cannot express consent, but proving it can be difficult.
- Other states have lower standards, considering people too drunk to drive as incapacitated.
- Cornell University uses an "affirmative consent" policy requiring clear, voluntary agreement to sexual activity.
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