Kathy Hochul vows to close ‘voluntary intoxication loophole’ so women cannot consent to sex when drunk, high in New York State

Hochul wrote on Friday, “Choosing to have a drink is not consent, and it’s never a license for sexual assault. New York law should reflect that. I support closing the voluntary intoxication loophole and will work with the Legislature to get it done.”

She said in the press conference that the Cornell Seven case has “exposed another problem we need to address — a gap in State law. If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape, period. I support closing this loophole and will work with the New York State Legislature to accomplish this.”

New York is one of 19 states that consider victims of rape or sexual assault who are intoxicated to be mentally incapacitated only if they were drugged or became drunk without their consent or knowledge.

Manhattan DA Alvin Bragg thanked Hochul and said in a statement, “Driven by what we see in our own practice, we have long called for New York State to eliminate the voluntary intoxication loophole. Drugging someone to rape them is clearly wrong. So is raping someone who became intoxicated by voluntarily drinking or taking drugs. In either case, the person is incapable of meaningful consent, and our laws should clearly recognize both as rape.”

The push to close the so-called loophole comes as a case out of Cornell University has gained attention. A woman identified only as Jane Doe has filed a civil suit alleging that she was given alcohol and drugged before being gang raped by seven Chi Phi fraternity brothers on campus.

The suit came nearly two years after the incident, which took place in October of 2024. In November of that year, she reported the incident to police, however, the Tompkins County District Attorney’s office declined to pursue criminal charges in the case. Tompkins County DA Matthew Van Houten said this week that his office did not pursue charges after her statement at the time “did not allege that she was drugged against her will or gang raped,” and that her statement had described her participation in sexual activities and drug use as “voluntary, conscious, and consensual.” His office has reopened an investigation following the allegations laid forth in the woman’s lawsuit.

The announcement from Hochul drew pushback.

“So no one is allowed to have sex if they've had a drink? How does this make any sense? Are you a Puritan now?” one user wrote.

“So the men who were also intoxicated are covered by this law as well?” another user wrote.