New York Lawmaker Warned About Consent Loophole 7 Years Ago

A former New York State lawmaker is sharing her frustrations over her stalled bill from seven years ago that would have closed a legal loophole.

It comes as the Empire State's laws around consent have come to national attention following the shocking gang rape allegations at Cornell University.

Civil Lawsuit Filed After Alleged Gang Rape At Cornell University

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A civil lawsuit filed in New York is drawing national outrage over how Cornell University handled a sexual assault case involving seven members of its Chi Phi fraternity.

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A former student identified as Jane Doe alleges she was drugged and assaulted by seven fraternity members in October 2024. She says she was visiting a friend at the house while intoxicated when two Chi Phi frat members pressured her into taking ketamine before they assaulted her.

Cornell's internal investigation resulted in only two students being expelled. The remaining five accused students received lesser punishments, and no criminal charges were ever filed. The seven men named in the civil complaint have denied the allegations.

2019 Bill Would Have Closed Legal Loophole

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Former State Senator Alessandra Biaggi introduced a bill in 2019 that would have closed a loophole that bars prosecution of sexual assault if the victim is voluntarily intoxicated.

Under current New York State law, a person is legally deemed "mentally incapacitated," therefore unable to consent to sex, if they are intoxicated by a substance given to them without their knowledge or consent.

Despite clearing the Senate, it has stalled in the assembly.

“I feel extremely outraged and incensed,” Biaggi told NBC. “I mean, I thought it was so obvious that if somebody goes out to have a drink and is sexually assaulted, the law would protect them."

Hochul Wants To Strengthen Regulations

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After news of the lawsuit broke, New York Gov. Kathy Hochul said that she wants lawmakers to strengthen regulations regarding consent.

Hochul said Jane Doe's allegations are "horrifying" and raise serious questions about Cornell's campus culture.

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