How New York Failed to Change Consent Laws as Cornell Case Raises Scrutiny
Summary
New York lawmakers have tried for years to change how the law treats sexual assault cases involving intoxicated victims, but efforts have stalled in the Assembly. The debated law focuses on whether a victim’s voluntary or involuntary intoxication affects consent, and a recent alleged gang rape case at Cornell University has brought the issue back into public discussion.Key Facts
- New York Senate has approved reforms to consent laws related to intoxicated sexual assault victims several times, but the Assembly has not passed them.
- Current law treats consent differently if a victim’s intoxication was voluntary (by choice) or involuntary.
- Governor Kathy Hochul stated that voluntary intoxication does not excuse sexual assault and wants the law to be fixed.
- The bill, known as Assembly Bill A101, was introduced in 2019 and has repeatedly failed to advance in the Assembly.
- Some legal experts say the current distinction creates a "loophole" that can hurt victims, while the New York State Association of Criminal Defense Lawyers says no such loophole exists.
- Other states like Michigan and Texas have updated their laws to remove distinctions between voluntary and involuntary intoxication.
- Critics say the current law does not reflect modern views on consent and may blame victims unfairly.
- Assembly Speaker Carl Heastie said there are not enough votes yet to pass reforms but has formed a group to study the issue more.
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