From Slate Magazine · Aya Gruber · · 2m
Kathy Hochul's Cornell Seven Loophole Claim False
Gov. Hochul's call to close a New York sexual assault loophole is inaccurate.
In brief
Gov. Hochul's call to close a New York sexual assault loophole is inaccurate. New York law already prohibits sex without consent regardless of intoxication levels. Originally reported by Slate Magazine.
Cornell lawsuit sparks debate

A civil lawsuit alleges binge drinking, rampant drugging, and gang rape at Cornell occurred two years ago.
“WHEN WILL WE S”
Cornell Seven disciplined
The university investigated the seven frat brothers directly involved and imposed discipline ranging from expulsion to compulsory essay writing.
Gov. Hochul's loophole claim
Gov. Kathy Hochul urged the Legislature to close the loophole that keeps prosecutors from convicting people who have sex with intoxicated individuals.
New York law prohibits nonconsent

New York law prohibits forcing others into sex, imposing sex against will, and having sex with physically helpless people.
DA declined to charge
Tompkins County District Attorney Matthew Van Houten declined to charge the men despite evidence of Jane Doe's intimidation and intoxication.
Jane Doe's account
Jane Doe felt intimidated, swatted hands away, said 'no', hid under covers, and became 9 out of 10 intoxicated.
“no”
Intoxication loophole myth
New York law does not require unequivocal verbal refusal for sex to be nonconsensual regardless of intoxication levels.
Cornell Seven's actions
The Cornell Seven agreed to a threesome with Jane Doe, who intended to hook up with Matthew Ingalls and agreed for Jonathan Newell to join.
Consent confusion
The men's defenders claim Jane Doe eagerly agreed to kinky sex and lied about it after being shunned from a party.
False loophole claim
The current conversation accepts the dyad where a woman is either a complicit 'slut' or a helpless victim.
What Hochul means
Hochul and company want to criminalize sex with someone who appears lucid but is intoxicated to the point of helplessness.
Next steps
Broadening criminal law to encompass widespread sexual behavior should happen only after forthright public debate.
The main idea
New York law already prohibits sex without consent regardless of intoxication levels.





