NYC Governor Promises Reform of Law That Hinders Investigation of Rapes Following Voluntary Alcohol or Drug Consumption

New York Governor Kathy Hochul announced Friday that she will work with the legislature to reform a law that makes it more difficult to recognize and investigate rapes when the victim has voluntarily consumed alcohol or drugs. The statement came after an investigation was reopened into an alleged gang rape at Cornell University.

The case dates back to October 2024 and involves a young woman who says she was sexually assaulted by seven members of the Chi Phi fraternity while she had consumed alcohol and ketamine. The Tompkins County prosecutor initially closed the case, considering the information received to indicate consensual relations. According to media reports, the victim’s statement may have been partially redacted.

On Thursday, Hochul appointed the state attorney general, Letitia James, as special prosecutor for the investigation. She is to examine the evidence, interview witnesses and decide whether criminal proceedings are warranted.

The governor said that intoxication should matter regardless of whether the substances were consumed voluntarily. Nearly 20 U.S. states have similar laws, but Minnesota, Michigan and Texas have already amended such provisions. The Chi Phi fraternity was disbanded, and the students received sanctions, including suspensions and expulsions.