New York (AFP) – New York State Governor Kathy Hochul promised Friday to reform a controversial law that makes it difficult for a victim to have a rape recognized if she had first consumed alcohol or drugs of her own free will.

Published on: 02/10/2026 - 22:38 Modified on: 03/10/2026 - 09:58

Being intoxicated or under the influence of drugs after voluntary consumption "does not give license for sexual assault or gang rape", declared the elected official in reference to this text which echoes a case involving students at Cornell University.

The prosecutor of Tompkins County (upstate New York), where the campus is located, announced Monday the reopening of an investigation into an alleged gang rape dating back to October 2024, after a young woman took legal action in civil court.

Aged 20 at the time of the events, she claims to have been raped by seven students, all members of the Chi Phi fraternity, while she had consumed alcohol and ketamine.

The case sparked a wave of outrage on Cornell's campus and beyond, with many seeing it as emblematic of a culture linked to fraternities at universities.

Prosecutor Matthew Van Houten, who was already in office in 2024, explained that he did not follow up on a first complaint because the elements transmitted by the police showed, according to him, consensual reports.

According to several media, the police redacted part of the complainant's statement in which she described the events as rape and claimed to have been coerced.

On Thursday, Kathy Hochul appointed New York State Attorney Letitia James as special prosecutor in the investigation.

The Democrat, who notably led investigations against Donald Trump, pledged to “examine the facts, gather the evidence, question the witnesses and, if justified, initiate proceedings”.

“If someone is too impaired” by the effects of alcohol, narcotics or both, “the fact that the consumption was voluntary or not should not come into account,” insisted Kathy Hochul.

“I support changing this law and I will work with the New York Legislature to make it happen,” she announced.

The prosecutor implicated

A bill to this effect had already been tabled last year by New York State lower house representative Jeffrey Dinowitz.

“Regularly, prosecutors are unable to prosecute (alleged) sexual attackers because of this gap in the texts,” underlined this elected official on X.

Nearly 20 American states are governed by similar texts.

Several others have changed their laws in recent years, including Texas in 2025, inspired by the case of a former University of Texas student raped ten years earlier at a fraternity party.

Minnesota (2021) and Michigan (2023) had already done the same.

“It’s incredible that this provision still exists,” says Shiwali Patel of the National Women’s Law Center. “It has a huge impact because a significant majority of sexual assaults on campus involve alcohol and drugs.”

According to a study published in 2020 by the Association of American Universities and covering 33 establishments, a quarter of female bachelor's degree equivalent students indicated that they had been victims of forced sexual contact or without the possibility of consent.

Concerning the Cornell affair, Kathy Hochul blamed the university police, saying she was "troubled" by "the way they handled" this case.

She was also surprised that prosecutor Van Houten, having received information about an alleged sexual assault, did not take "the time to interview this young woman to ask more questions", preferring to rely on "a partial report".

The fraternity to which the students belonged was closed and they received sanctions ranging “up to expulsion and suspension,” according to a Cornell spokesperson.

The alleged victim's lawyer, Thomas Giuffra, told CBS News that his client was "incapable of consent" because she was "completely, extremely intoxicated" when she arrived at the fraternity house.

“I am increasingly convinced that there was a cover-up” to protect the reputation of the university,” insisted the lawyer.

© 2026 AFP

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