Drinking and consent - Cornell rape allegations expose 'loopholes' in laws

Key Points:

• A US woman filed a lawsuit alleging she was drugged and raped by Cornell University fraternity members, sparking debate over New York's sexual assault laws related to voluntary intoxication and consent.
• Current New York law requires victims who voluntarily consumed alcohol or drugs to prove they were incapacitated to the extent they could not physically consent, a higher standard than mere intoxication.
• Experts argue that while the law protects victims unable to express consent due to intoxication, the high bar for incapacitation can hinder prosecutions, with at least 19 states having lower thresholds for consent incapacity.
• Proposed legislative changes in New York aim to broaden the definition of incapacity to include those "temporarily incapable of appraising or controlling" their conduct due to substances, but the bill has stalled in the state Assembly.
• Critics warn that vague legal language on intoxication levels could complicate enforcement, while advocates push for clearer standards to better protect victims of sexual assault involving alcohol or drugs.