Cornell case puts New York’s progressive image at odds with its rape laws

Last month, a woman identified as Jane Doe filed a lawsuit against Cornell University, the fraternity Chi Phi and the seven fraternity members she accused of gang-raping her on the night of October 19, 2024.

Her allegations have triggered a nationwide reckoning in the United States over the prevalence of sexual assault on college campuses.

But the case has also reignited efforts to reform laws in the state of New York.

While the left-leaning state has long presented itself as a leader in women’s rights, advocates say sexual assault survivors still face pervasive legal barriers when they seek justice.

Erica Vladimer, a lawyer and founding director of Harassment-Free New York, a survivor-led nonprofit, told Al Jazeera that much of the legislation currently in the spotlight is the culmination of years, if not decades, of work.

“These are bills that we have been fighting for for years when sexual violence is not in the news,” Vladimer said.

She drew a line between the #MeToo movement, which began in 2017 as an online campaign to denounce sexual misconduct, and the current wave of outrage following Doe’s allegations.

“It speaks to the fact that the #MeToo movement is not dead. It is a movement, not a moment,” Vladimer said.

Already, leaders in Albany, the state capital, have signalled they would take action following the Cornell case.

On Wednesday, the New York Assembly announced it had formed a working group to examine the state’s sexual-assault laws and develop recommendations for the 2027 legislative session.

Still, advocates say more concrete measures are needed to address the crisis.

“I appreciate that this work is happening,” said Lindsey Boylan, a New York City Council candidate. “It doesn’t undo the fact that rape culture is pervasive in the United States and very much so alive and well in New York.”

Boylan was the first woman to publicly accuse former New York Governor Andrew Cuomo of sexual harassment in another high-profile misconduct case, back in 2020. She is among those calling for greater reform.

Here are some of the measures advocates are pushing state lawmakers to adopt or amend:

‘Voluntary intoxication’ statute

The Cornell University case has brought renewed attention to New York’s “voluntary intoxication” statute, a legal loophole that can make it harder to prosecute sexual assault when a person has willingly consumed alcohol or drugs.

New York Governor Kathy Hochul pledged on Friday to work with lawmakers to close the gap.

“It should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape. Period,” Hochul said.

Under the current state law, a person who voluntarily drinks or takes drugs is not considered “mentally incapacitated” during an assault, even if they become too intoxicated to consent.

That can make it harder for prosecutors to bring a sex-crime charge. The law primarily recognises incapacitation in the context of sexual assault when a person was involuntarily intoxicated, unconscious or otherwise “physically helpless”.

That distinction has become central to the Cornell case. Doe has acknowledged that she consumed substances before the alleged rape, saying that she was pressured into drinking alcohol and taking the dissociative drug ketamine.

The Tompkins County district attorney initially declined to bring charges, pointing to the law’s stance on “voluntary intoxication”. But the investigation has since been reopened, amid public pressure.

New York is one of 19 states in the US that distinguish between “voluntary” and “involuntary” intoxication when it comes to determining consent in sexual violence cases.

But the Cornell case has spurred a push to remove the distinction from the law books. Critics have argued that sexual assault is no less grievous if a victim is drunk or has chosen to take drugs.

“I mean, to have New York, a supposedly progressive state, penalise people who are sexually abused for drinking is disgusting,” Boylan told Al Jazeera.

Vladimer, for her part, explained that distinguishing between “voluntary” and “involuntary” intoxication as a means for pursuing sexual assault cases shifts the focus onto the actions of victims, rather than perpetrators.

“We essentially have codified victim-blaming by saying if you become voluntarily intoxicated and then are sexually assaulted, you essentially cannot seek justice in our court system,” Vladimer told Al Jazeera.

In June, the New York state Senate unanimously passed a bill to allow sexual assault charges regardless of whether a victim is intoxicated voluntarily or involuntarily.

But the legislation has yet to be taken up in the state Assembly.

The rape-shield gap

New York’s rape-shield protections limit the use of evidence about a complainant’s sexual history and conduct in criminal proceedings. But those protections do not currently extend to civil cases.

This distinction could matter in the Cornell case because Doe filed a civil lawsuit.

Vladimer said questions about a survivor’s behaviour could come up in the discovery process of a civil case, as well as in court.

“There is the potential of her having to face questions about things like her sexual history,” Vladimer said.

Bridie Farrell, the director of victim rights advocacy and legislation at the law firm Weitz and Luxenberg, told Al Jazeera that she has seen major differences in how male and female survivors are questioned in civil cases where this practice is still permitted.

In one case involving a brother and sister who were both sexually assaulted, Farrell said the man was not questioned about his sexual history while the woman was “grilled on it”.

A bill sponsored by State Senator Liz Krueger would extend rape-shield protections to civil proceedings. The measure passed the Senate in June and is currently before the Assembly Judiciary Committee.

Retaliatory defamation lawsuits

Advocates are also pushing for legislation to prevent retaliatory defamation lawsuits.

Boylan said she has spent more than $2m defending herself in legal proceedings connected to her accusations against Cuomo, who stepped down as New York governor in 2021.

He has repeatedly denied any allegations of wrongdoing, despite a state attorney general’s report that concluded he “engaged in conduct constituting sexual harassment”.

“Every step of the way, we have a system that penalises people for speaking up about their own harm,” Boylan said.

Boylan and Charlotte Bennett, a former aide who also accused Cuomo of sexual harassment, are proponents of the Speak Your Truth Act, which would provide legal protections for people who publicly report sexual assault, harassment or discrimination.

The bill, sponsored by Assembly member Jessica Gonzalez-Rojas, would make certain communications about sexual assault, harassment or discrimination privileged when they are made without malice.

It would also allow survivors of sexual misconduct who successfully defend themselves against a defamation lawsuit to recover legal fees and costs. The bill remains in an Assembly committee.

A recent win, a long way to go

For Bridie Farrell, the victims’ rights advocate, the fight for legal change is personal.

Farrell was a 15-year-old competitive speed skater in 1997 when she said she was sexually abused by her 33-year-old teammate and mentor. She came forward with her story of abuse in 2013.

By then, the statute of limitations in her case had expired. Farrell later became an advocate for changes to New York’s laws, helping to pass the Child Victims Act in 2019 that extended the time available for survivors of childhood sexual abuse to pursue criminal and civil claims.

The law allowed Farrell to file her own case, which she did in 2020. She tells Al Jazeera that a trial has finally been scheduled for June 2027.

“Before we passed the Child Victims Act in 2019, New York was one of the worst in the country,” Farrell said of the situation for sexual assault survivors seeking justice.

Farrell considers the legal impediments to Doe’s case — like the “voluntary intoxication” statute — all too predictable. “I’m not surprised if we haven’t updated a law that is archaic,” she said.

Still, lawmakers have signalled willingness to reform such laws. In announcing the state Assembly’s working group on sexual-assault laws, Speaker Carl Heastie pledged to “thoughtfully” consider how the state can strengthen its laws.

“The allegations being reported out of Cornell University are truly horrifying,” Heastie said on Wednesday. “We want to do everything we can to ensure victims of sexual assault see justice served.”

But survivors and sexual violence advocates say the Cornell case points to problems that go beyond any single law. They hope to see widespread systemic and societal change.

“Changing legislation is incredibly important. But legislation in a lot of cases can only go [as far as] the paper that it’s written on,” Boylan said. “It would be amiss to orient this horrible, tragic, unacceptable, infuriating case in isolation without looking at the broader rape culture of our state and our country.”

Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: aljazeera.com