A New York prosecutor cited the state's rape laws as a barrier to charging Cornell University students accused of sexually assaulting a 20-year-old woman in 2024. Matthew Van Houten, Tompkins County district attorney, said the woman's initial report did not support criminal charges under current law, though he is now reviewing new evidence. The woman, an undergraduate, consumed ketamine and alcohol at a fraternity in Ithaca, N.Y., and was allegedly assaulted for about seven hours. New York law requires accusers who voluntarily intoxicate themselves to prove they were physically helpless, excluding those who were semiconscious or unable to stand. Proposed legislation would allow prosecutors to charge third-degree rape when victims were unable to control their behavior due to intoxication. At least 23 other states, including California and Virginia, have similar laws. Mr. Van Houten faced criticism for not charging the students when the woman first reported the assault in November 2024. Defense lawyers have opposed the proposed changes, calling them paternalistic.
Assemblywoman Latrice M. Walker, a Democrat, has pushed for legislative reform. Her proposed bill would narrow the definition of consent in cases involving intoxication. The Cornell case has reignited debate over New York's approach to sexual assault law. The woman filed a civil lawsuit against the students, the fraternity, her sorority, and the university. Mr. Van Houten said if the law had been changed in 2024, it would have been easier to prove the accused should have known the victim was incapable of consenting.
Critics argue the legislation could lead to prosecutions of individuals who reasonably believed consent was given. Supporters say current law fails to protect incapacitated victims. The case continues to draw attention to gaps in New York's sexual assault statutes.
Source: New York Times Top Stories · Summarized by HeadlinesBriefing