Drinking Is Not Consent: Close New York's Sexual Assault Loophole
The Issue
We are Students Against the Sexual Solicitation of Youth (SASSY), a student-led organization at Cornell University calling on New York State to close the voluntary intoxication loophole in its sexual assault laws.
Under current New York law, two people could be equally incapacitated, equally unable to consent, and equally vulnerable to sexual exploitation, yet receive different legal protections based on whether they voluntarily consumed the substances that incapacitated them.
A person who willingly consumes alcohol or drugs has consented to consuming those substances, and absolutely nothing more.
As college students, this issue is especially important to us. Undeniably, alcohol and drugs are a reality of college life. It is also undeniable that alcohol and drugs can impair a person's ability to recognize danger, exercise judgment, and provide meaningful consent. No student should lose legal protection against sexual violence simply because they chose to drink.
Recent sexual assault allegations at Cornell have brought attention to a broader societal issue that our laws and systems have and still do assign the role of responsibility to survivors of sexual violence rather than the perpetrators. For generations, the burden to prevent sexual violence has fallen on the women, the victims. Dress differently. Stay in groups. Watch your drink. Do not walk home alone. Exercise better judgment.
While the facts of the Jane Doe case remain contested and deserve a fair investigation, the broader legal issue remains, and extends far beyond just one case, one woman, or one system.
The law must not demand that victims demonstrate perfect judgment in order to deserve meaningful legal protection.
New York has an opportunity to correct this injustice. The State Senate unanimously passed legislation to address this loophole, and we are now calling on Assembly Speaker Carl Heastie and the New York State Assembly to advance and pass A.101.
Bill A.101 would prohibit the use of intoxication of victims as a defense in sex crimes, preventing perpetrators from arguing that consent to drink or consume drugs implies consent to a forced sexual act, which in effect shifts the role of responsibility onto the survivor. The very existence of this loophole in the state’s sexual assault laws reflects the victim-blaming culture that is embedded in our communities and our systems.
We recognize that sexual violence is not a problem legislation alone can solve. But the law does more than establish consequences for wrongdoing. It communicates the standards we are prepared to uphold as a society. If the law itself allows a victim’s voluntary intoxication to undermine their sexual assault claim, how can we expect prosecutors to pursue these cases and secure convictions? Closing this loophole would give survivors of sexual violence a better chance at justice by removing a legal barrier that can discourage prosecutors from pursuing cases simply because the victim voluntarily consumed alcohol or drugs.
For students at Cornell, for survivors across New York State, and for every person whose right to bodily autonomy should not depend on the circumstances of their intoxication, we must establish a clear standard: knowingly exploiting another person's incapacitation must carry serious legal consequences.
Consenting to drink is not consenting to sex. It is time New York's law reflects that distinction.
Sign this petition to call on the New York State Assembly to close the voluntary intoxication loophole.
Organized by Students Against the Sexual Solicitation of Youth (SASSY) at Cornell University
1,216
The Issue
We are Students Against the Sexual Solicitation of Youth (SASSY), a student-led organization at Cornell University calling on New York State to close the voluntary intoxication loophole in its sexual assault laws.
Under current New York law, two people could be equally incapacitated, equally unable to consent, and equally vulnerable to sexual exploitation, yet receive different legal protections based on whether they voluntarily consumed the substances that incapacitated them.
A person who willingly consumes alcohol or drugs has consented to consuming those substances, and absolutely nothing more.
As college students, this issue is especially important to us. Undeniably, alcohol and drugs are a reality of college life. It is also undeniable that alcohol and drugs can impair a person's ability to recognize danger, exercise judgment, and provide meaningful consent. No student should lose legal protection against sexual violence simply because they chose to drink.
Recent sexual assault allegations at Cornell have brought attention to a broader societal issue that our laws and systems have and still do assign the role of responsibility to survivors of sexual violence rather than the perpetrators. For generations, the burden to prevent sexual violence has fallen on the women, the victims. Dress differently. Stay in groups. Watch your drink. Do not walk home alone. Exercise better judgment.
While the facts of the Jane Doe case remain contested and deserve a fair investigation, the broader legal issue remains, and extends far beyond just one case, one woman, or one system.
The law must not demand that victims demonstrate perfect judgment in order to deserve meaningful legal protection.
New York has an opportunity to correct this injustice. The State Senate unanimously passed legislation to address this loophole, and we are now calling on Assembly Speaker Carl Heastie and the New York State Assembly to advance and pass A.101.
Bill A.101 would prohibit the use of intoxication of victims as a defense in sex crimes, preventing perpetrators from arguing that consent to drink or consume drugs implies consent to a forced sexual act, which in effect shifts the role of responsibility onto the survivor. The very existence of this loophole in the state’s sexual assault laws reflects the victim-blaming culture that is embedded in our communities and our systems.
We recognize that sexual violence is not a problem legislation alone can solve. But the law does more than establish consequences for wrongdoing. It communicates the standards we are prepared to uphold as a society. If the law itself allows a victim’s voluntary intoxication to undermine their sexual assault claim, how can we expect prosecutors to pursue these cases and secure convictions? Closing this loophole would give survivors of sexual violence a better chance at justice by removing a legal barrier that can discourage prosecutors from pursuing cases simply because the victim voluntarily consumed alcohol or drugs.
For students at Cornell, for survivors across New York State, and for every person whose right to bodily autonomy should not depend on the circumstances of their intoxication, we must establish a clear standard: knowingly exploiting another person's incapacitation must carry serious legal consequences.
Consenting to drink is not consenting to sex. It is time New York's law reflects that distinction.
Sign this petition to call on the New York State Assembly to close the voluntary intoxication loophole.
Organized by Students Against the Sexual Solicitation of Youth (SASSY) at Cornell University
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Petition created on October 20, 2026