ALBANY, N.Y. (WTEN) — Democratic lawmakers across New York State are calling for change following an explosive lawsuit filed by a former Cornell University student that alleges she was gang raped by seven fraternity brothers on the Ivy League Campus in Ithaca.
The woman, known only as Jane Doe in the civil complaint, alleged she was sexually assaulted and raped at a fraternity house on campus in October 2024. Amid the lawsuit, Tompkins County District Attorney Matthew Van Houten reopened the case after initially deciding not to pursue charges two years ago.
“Crediting everything Jane Doe said in her 2024 statement, there wasn’t probable cause to bring criminal charges,” Van Houten said. “When we look at her statement, we see that there is no indication that she did not consent.”
Van Houten also said there is no indication Jane Doe was involuntarily intoxicated, which is an important distinction under New York State law, as it makes it more difficult for prosecutors to file rape charges.
“The prosecutor would have to prove that that individual was unconscious, that force was used, or that that individual was physically incapacitated at the time of that sexual encounter,” Anthony Kuhn, a Managing Partner at Tully Rinckey PLLC, said.
The lawsuit claims Jane Doe was pressured into consuming drugs and alcohol before she was allegedly assaulted.
“Being drunk should not mean that somebody gets a free pass, a get out of jail free card to rape somebody,” Democratic Assemblyman Jeffrey Dinowitz said. It is ridiculous.”
Dinowitz and Senator Nathalia Fernandez both want to rewrite state law. Their proposed bills, S10632/S54A/A101, would allow sex crime charges to be brought against a suspect even if an intoxicated person consents.
“There’s gaps, there’s holes,” Fernandez said. “There’s nothing to stand on there because the law doesn’t allow for that. This bill intends to make it easier to get justice.”
Both lawmakers have pushed for the legislation in years past, and say they will again when session begins in January.
