Hochul Calls to Close New York’s “Voluntary Intoxication Loophole”
Governor Kathy Hochul is urging state lawmakers in Albany to put an end to what many consider New York’s “voluntary intoxication loophole,” particularly in light of a troubling alleged gang rape incident involving a student at Cornell University.
As Hochul faces re-election next month, she mentioned her commitment to working alongside the New York State legislature to amend existing laws that, as it stands, protect offenders who exploit individuals who have willingly consumed drugs or alcohol.
“If a person is too impaired to give consent, it shouldn’t matter if they chose to use substances,” Hochul asserted. “Voluntary intoxication doesn’t grant permission for sexual assault or gang rape, plain and simple.”
During a press conference, she also announced plans to designate state Attorney General Letitia James as a special prosecutor. This move aims to oversee the recently reopened criminal investigation by the Tompkins County District Attorney’s office concerning the Cornell case.
Activists and lawmakers have pointed to the incident involving an anonymous woman, referred to as Jane Doe, who reported being sexually assaulted by seven members of the Chi Phi fraternity back in 2024. This case has become a rallying point for advocating legal change.
A proposed bill seeking to close this loophole has seen strong support in the state Senate almost every year but has faced challenges reaching the Assembly floor, particularly under Speaker Carl Heastie’s leadership.
State Senator Natalia Fernandez (D-Bronx), who sponsors the longstanding bill, expressed optimism, stating that “Governor Hochul’s backing shows growing momentum” for the legislative effort.
Meanwhile, Assemblyman Jeffrey Dinowitz (D-Bronx), who is pushing similar legislation in the Assembly, noted a shift among lawmakers who are now more inclined to support the bill since the Cornell incident has brought the issue to the forefront. “This terrible event might just be what it takes to finally move this issue forward,” Dinowitz remarked, expressing hope for increased support and the bill’s passage in the Assembly.
However, Hochul did not explicitly endorse the current version of the Fernandez-Dinowitz bill nor did she indicate plans to reconvene the state legislature before it returns in January to address the matter.
The changes proposed by Hochul and the lawmakers would align New York with 25 other states, including California, Texas, and Illinois, according to a recent analysis by Associated Press.
Jane Manning, a former sex-crimes prosecutor and head of the Women’s Equal Justice Project, stated that advancing legislation to close this loophole is “long overdue.” She urged the governor to expedite the bill’s passage without hesitation.
