‘Cornell 7’ case renews scrutiny on NY’s ‘voluntary intoxication’ loophole
An antiquated New York law that shields rapists who target intoxicated victims is under renewed scrutiny in light of the “Cornell 7” case — but Assembly Democrats have long opposed a proposal to close the legal loophole, with one even referring to it as the “ruining drunk sex bill,” The Post has learned. The “voluntary intoxication loophole” refers to how current state law doesn’t cover rape victims who chose to drink or get high themselves, even if it means they were too incapacitated to consent later.
“Getting drunk should not be an invitation to getting raped but in one outlet law, it pretty much is,” state Assemblyman Jeffery Dinowitz — who has backed a bill that would change the law since 2019 — told The Post. “We originally refer to it as a loophole, in fact it is more than a loophole, that’s why we refer to it as the ”voluntary intoxication exclusion. ’ Sexual assault victims who are voluntarily intoxicated, there’s virtually no chance that they are going to get justice,” he said.
Why it matters
The case highlights a legal gap that leaves intoxicated sexual assault victims without adequate protection in New York.
