1 Million Voices: #NoMoreExcuses

BEING DRUNK IS NOT CONSENT. It never has been. But here’s something many people don’t know: 

In New York, the law generally requires force, a clear “no,” or proof that a victim was unconscious, forced to drink, or drugged without their consent—all before rape can be charged.

If a victim voluntarily became too intoxicated to consent, prosecuting is much harder—sometimes IMPOSSIBLE.

That’s the “voluntary intoxication loophole” that was cited in the Cornell case. This loophole helped prevent Jane Doe from seeking justice through the criminal system.

Alongside survivors, advocates, and lawmakers, RAINN has been sounding the alarm for more than five years. 

Legislation to address the voluntary intoxication loophole has repeatedly passed the New York State Senate, only to stall in the Assembly. 

Year after year, policymakers have failed to close this gap in the law while survivors continue to be denied the protections and access to justice they deserve. 

We’re not letting them ignore it any longer.

Now, in light of the Cornell case, the New York Assembly has established a working group tasked with examining the state’s sexual assault statutes. 

Join us in calling on members of the working group to issue a formal recommendation urging the Assembly to pass legislation addressing the voluntary intoxication loophole during the 2027 legislative session.

The law should ask whether someone was capable of consenting—not how they became incapacitated.

What We Know: The Allegations

Last updated Oct. 6, 2026

On Sept. 14, 2026, a former Cornell student identified as Jane Doe filed a 101-page civil lawsuit in New York State Supreme Court. She alleges that on the night of Oct. 19, 2024, when she was 20, multiple Chi Phi fraternity members pressured her into taking ketamine and sexually assaulted her over several hours. 

According to the complaint, around 1:42 a.m., a member posted a crude message to a Chi Phi Snapchat group of dozens of members, inviting others to the room.

Coverage of the case has called the accused the “Cornell 7.” CBS News later obtained video and messages from the group chat, including a photo of Jane Doe. Reports say no one in the group contacted police.

The lawsuit names seven current and former students, Cornell, Chi Phi, her own sorority, Tri Delta, and a local bar that allegedly served her while she was underage. It seeks unspecified damages. One defendant’s attorney denies the allegations, and another defendant denies any sexual activity. No court has ruled.

What We Know: Cornell’s Response

Last updated Oct. 6, 2026

Doe reported to Cornell police on Nov. 8, 2024. The university suspended the chapter that day and conducted a Title IX investigation. 

On Sept. 29, 2026, Cornell President Michael Kotlikoff said two students were expelled, two were suspended for at least two semesters, one graduated before he could be sanctioned, and two were found not responsible for sexual misconduct.

Doe’s attorney says lesser sanctions included workshops or essays.

Chi Phi remains barred from campus. More than 1,000 alumni have signed a letter demanding reforms.

What We Know: The Criminal Case

Last updated Oct. 6, 2026

In 2024, Tompkins County District Attorney Matthew Van Houten declined to file charges. He said a six-page police summary convinced him no crime occurred, and he cited New York’s “voluntary intoxication loophole.” 

After Jane Doe’s lawsuit, he reopened the case, acknowledging that he had not previously reviewed all of the evidence.

By Oct. 1, Gov. Kathy Hochul had removed Van Houten by executive order and appointed Attorney General Letitia James as special prosecutor. Hochul said Doe was “failed” by police and the prosecutor, and criticized Van Houten for never interviewing her.

Van Houten said he supports the decision. The attorney general is also reviewing Cornell’s response.

What We Know: The Policy Fallout

Last updated Oct. 6, 2026

New York Assemblymember Jeffrey Dinowitz and state Sen. Nathalia Fernandez are pushing A.101/S.10632 to close the voluntary intoxication loophole. 

RAINN’s Stefan Turkheimer has publicly called the current law “victim-blaming.”