# Kathy Hochul's Cornell Seven Loophole Claim False

> Gov. Hochul's call to close a New York sexual assault loophole is inaccurate.
- Title: Kathy Hochul's Cornell Seven Loophole Claim False | Shortify
- Summary: 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…
- Keywords: kathy hochul, cornell seven, new york, sexual assault, intoxication, law, district attorney, matthew van houten, jane doe, frat brothers, university, rape
- Source: Slate Magazine — https://slate.com/news-and-politics/2026/10/kathy-hochul-new-york-cornell-7-loophole-false.html?via=rss
- Author: Aya Gruber
- Published: 2026-10-09T18:54:15+00:00
- Read time: 2 min
- Topics: kathy hochul, cornell seven, new york, sexual assault, intoxication, law, district attorney, matthew van houten, jane doe, frat brothers, university, rape
## 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.
## Key takeaway

New York law already prohibits sex without consent regardless of intoxication levels.