Justice for Jane Doe: An intoxicated person cannot consent

In 2024, a Cornell student, Jane Doe, says she was drugged and gang-raped by seven members of the Chi Phi fraternity. No one was charged in the case. Why?

The district attorney declined to prosecute, citing a gap in New York law. Now, Jane Doe is suing Cornell for failing her, but the state failed her, too.

Under current New York law, sexual assault can be harder to prosecute if the survivor chose to drink. And at least 19 other states have similar “voluntary intoxication” loopholes on the books.

In New York, a bill to close this loophole (A101) passed the state Senate unanimously this year, but the State Assembly never brought it to a vote, blocking it from becoming law.

Now, survivors and students have forced this loophole into the spotlight, and their advocacy has forced New York Gov. Kathy Hochul to publicly commit to closing it. But a promise isn’t a law, and a press conference isn’t reform.

Tell Gov. Hochul and Assembly Speaker Carl Heastie: call an extraordinary session, and pass A101 to close the state's “voluntary intoxication” loophole once and for all. An intoxicated person cannot consent. Full stop.

If we can get New York to close this harmful loophole, we’ll build the momentum to close it everywhere. Will you sign now?