YANK!
ARTICLESEP 30, 2026

‘Cornell 7’ case casts spotlight on NY’s ‘voluntary intoxication’ loophole -- which doesn't protect rape victims who drink, take drugs on their own

A New York law that effectively legalizes rape of intoxicated victims has blocked justice for decades — and Assembly Democrats have quietly killed the fix, with one calling it the 'ruining drunk sex bill.'

Create from thisView source

AI summary

Generated by Yank from this source. A summary, not quoted language.

A New York state law known as the 'voluntary intoxication loophole' leaves rape victims unprotected if they chose to drink or take drugs themselves, even if they were too incapacitated to consent.

Yank summary

What matters, in Yank’s words, each linked to where the source says it.

  1. DA Van Houten cited current law to justify not investigating Jane Doe's gang rape report, admitting Bill A101 would have required further investigation. In the source

  2. Under current New York law, if a victim does not say 'no' or is not physically unconscious, the law treats her as having consented, Van Houten told The Post. In the source

  3. A version of Dinowitz's bill passed the state Senate 60-0 in June but never received a floor vote in the Assembly. In the source

  4. Assemblyman Burke reportedly called the measure 'the ruining drunk sex bill,' though his office says he will vote yes if Speaker Heastie schedules it. In the source

  5. NYU professor Erin Murphy says the bill's 'appraising or controlling' standard is 'a pretty elastic standard' but still a significant improvement over current law. In the source

The five worth keeping

The five are Yank’s choice. Want something else?

Choose your own
May find some of the same lines.
1 of 5

Getting drunk should not be an invitation to getting raped but in the current law, it pretty much is.

Assemblyman Jeffery DinowitzAssemblyman Jeffery Dinowitz quote

Why Yank kept it

A sitting assemblyman who has fought the law since 2019 frames legal protection as the bare minimum victims deserve.

2 of 5

Because if she doesn't say 'no' during the events or if she is not physically helpless or physically unconscious, then the law in New York as it is written now indicates that she consented.

Sofia PoznanskyDA Van Houten quote

Why Yank kept it

A former DA spells out exactly how current New York law turns a victim's silence or consciousness into implied consent.

3 of 5

This is a glaring omission that advocates have been pointing to for decades.

Sofia PoznanskyJane Manning quote

Why Yank kept it

A sex-crimes prosecutor frames the gap not as oversight but as a long-known failure that advocates have repeatedly tried to fix.

4 of 5

A bill to protect severely intoxicated rape victims passed the state Senate 60-0 in June but was never brought to a floor vote in the Democratic-controlled Assembly, with one member privately calling it the 'ruining drunk sex bill.'

Sofia PoznanskyReporting on legislative history

Why Yank kept it

The Senate's unanimous vote collides with Assembly inaction, and a member's private nickname reveals why the bill stalled.

5 of 5

It makes space for someone to be conscious and yet not capable of expressing willingness.

Sofia PoznanskyErin Murphy quote

Why Yank kept it

A law professor identifies what the proposed bill would accomplish that current law cannot: protecting conscious but incapacitated victims.

Ask this source

Ask about anything in this article. Yank answers only from what the source says, shows you where, and tells you when the source doesn’t say.

Answers are written by Yank from the source, for you. Nothing you ask is saved or published.