Cornell sexual assault lawsuit renews push for New York’s voluntary intoxication bill

An unnamed Cornell University student filed a lawsuit Sept. 16 alleging seven fraternity members raped her in October 2024, and that she was failed by the institutions meant to protect her. The woman, identified in the suit as Jane Doe, was reportedly intoxicated — sparking outrage once more over what advocates say is a loophole in New York state law that lets rapists walk free.

Those accused of rape and sexual assault in New York can cite a victim’s “voluntary intoxication” as part of their defense. The bill that aims to end that defense — A101, sponsored by local Assembly member Jeffrey Dinowitz — has been around for seven years, but has failed to make it to the Assembly floor for a vote.

State law requires proof sexual acts were committed without consent — defined as forcible compulsion, mental incapacitation, physical helplessness or clearly expressing lack of consent, according to a Sept. 28 statement from the Tompkins County District Attorney.

Jane Doe’s case didn’t fit the criteria based on the statement given to police, according to the Tompkins district attorney. Her case has since been reopened and is being investigated by New York Attorney General Letitia James.

Former sex crimes prosecutor Jane Manning extends legal expertise to the Justice Without Exclusion Coalition, which includes dozens of survivor advocates and has long championed A101. Manning said there is still a lot that is unknown about Jane Doe’s case, but that even if evidence is released showing predatory conduct, state law would still make it difficult to prosecute, and Jane Doe would fall into the vast category of unprotected survivors.

But right now, advocates say there’s a chance to change that.

“The eyes of the world are on this case,” Manning said. “And the eyes of the world are on New York State’s regressive law. People are shocked to hear that this is still the law, and it presents us with a golden opportunity to finally reform this long-standing injustice.”

Elected officials, advocates and survivors gathered at Lou Gehrig Plaza Oct. 1 for a news conference in support of Jane Doe, and called on Gov. Kathy Hochul and Assembly Speaker Carl Heastie to support A101. Dinowitz said he hopes the horrific claims from Jane Doe are what it takes to finally get the bill signed into law.

“You’re on the side of sexual assault survivors, or you’re not on their side,” Dinowitz said.

Heastie announced Sept. 30 he was forming a working group to look into the state’s sexual assault laws, which has 15 Assembly members on it, including Dinowitz. In a statement to The Press, Heastie said he is troubled by the case. He also pointed out why the bill hasn’t moved forward previously.

“The Assembly majority conferenced this bill twice,” Heastie said. “We did not have enough votes within the majority conference to pass the bill. That is why I have convened the working group to resolve the issues with this bill and to look for additional ways to strengthen New York’s sexual assault laws.”

A spokesperson for Hochul’s office told The Press that the governor reviews all legislation that passes the Senate and Assembly. At a press conference on Oct. 2, Hochul said Jane Doe’s case exposed a gap in state law.

“Voluntary intoxication is not a license for sexual assault or gang rape, period,” Hochul said. “I support closing this loophole and will work with the New York State Legislature to accomplish this.”

Jane Doe is suing Cornell University, Chi Phi fraternity, her sorority, a local bar and seven fraternity members. According to the suit, she was plied with alcohol and drugs — including cannabis and ketamine — to the point of being unable to consent, and then was sexually assaulted and raped by the fraternity members.

Lawyers who formally joined the case on behalf of the defendants as of Oct. 4 did not respond to requests for comment by press time. A Cornell spokesperson told The Press the Cornell University Police shared a lengthy investigation report with the Tompkins County District Attorney’s Office, which is protocol if the department believes it is possible a crime has occurred.

Ethan Cohen, an attorney at the firm representing Jane Doe, Rheingold Law, said in an email to The Press the firm filed the civil suit so Jane Doe could seek justice, and so those that played a role in the acts against her can be held accountable.   

For Ashley Staggers, a survivor and director of Fostering Youth Success Alliance at nonprofit Children’s Aid who attended the Oct. 1 news conference, the case is a personal one. She said she was 17 when she went to college in Virginia and drank for the first time. Unsure of her limits, she got very intoxicated, and was sexually assaulted, she said.

The world is shocked by the outcomes of Jane Doe’s case, but survivors aren’t, she said. This is not a new issue, it’s the same one she and others have urged Albany to remedy for years, Staggers said.

“The ‘Cornell Seven’ case is the receipt for seven years of lawmakers choosing inaction over accountability,” Staggers said. “Now, the only question left is whether New York State will finally listen.”

Justice Without Exclusion Coalition Co-chair Chris Lake told The Press there’s a revitalized energy around the bill. Because of how widespread Jane Doe’s case is, he said, there’s no excuse for lawmakers or other leadership who claim to be unaware A101 exists.

Discourse around A101 was also renewed months prior, following sexual misconduct accusations by several women, some of whom were reportedly willingly intoxicated, against former U.S. Rep. Eric Swalwell, as well as a CNN investigation that revealed an online “rape academy” where users drugged and sexually assaulted their partners. However, the bill didn’t make it out of committee.

Lake previously told The Press he believed A101 hadn’t passed because the state legislature typically stalls on budget negotiations, and A101 is crammed into the last weeks of session before dying.

Opponents of the bill have argued it could lead to wrongful convictions that disproportionately impact Black and brown men.

Now, with so much attention on the case, it is the time to take the conversation and codify it, Lake said. Otherwise, “the news cycle will pass, and another Jane Doe will happen again and again and again.”