New developments continue to emerge in the investigation of a woman who has accused multiple fraternity brothers at Cornell University of sexual assault.
It comes as advocates and the New York Assembly sponsor of legislation that addresses the loophole in the state’s law that prohibits the use of intoxication as a defense in sex crimes – if the victim voluntarily drinks – speak out.
“I was drugged and sexually assaulted by a colleague in 2015,” said Leslie Hunt, a survivor advocate. “I woke up in the hospital and immediately reported the crime to the NYPD.”
Hunt recalls a painful experience in her life, and the aftermath that unfolded when she spoke up to authorities.
“I had no idea about this voluntary intoxication loophole in the law, and so the fact that I had been out drinking with my colleague worked against me because a drug couldn’t be proven.”
In court documents in the Cornell University investigation, the woman described as “Jane Doe” says she was supplied with drugs and alcohol.
“One of the reasons there wasn’t a prosecution, according to the DA, it was because of the voluntary intoxication exclusion,” said Democratic Assemblymember Jeffrey Dinowitz.
For the past six years, Dinowitz has pushed for a bill that proposes closing the voluntary intoxication exclusion loophole in New York law, which would stop a defendant from using a victim’s choice to drink alcohol or use drugs as a legal defense in sex crime cases.
It has yet to come to the Assembly floor for a vote despite having broad support and passing the state Senate multiple times.
“If you ask anybody why should there be a difference between voluntary and involuntary intoxication in terms of being able to consent in situations like this there’s nobody who would think that there should be two separate rules for that,” said Dinowitz.
In the wake of the Cornell investigation, Assembly Speaker Carl Heastie has formed an “Assembly working group to examine issues and perspectives surrounding New York’s sexual assault” laws.
Dinowitz was named a member of the group. So has Assemblymember Gabriella Romero who is also an attorney with experience handling sex cases.
“My biggest thing is in the end; I want to create a solution and a package that centers survivors which is really meeting the moment that we’re in right now,” said Romero.
Assemblymember Linda Rosenthal is a co-sponsor of Dinowitz’s bill.
“People need perhaps to get a little bit more education,” said Rosenthal. “Point is, we have to protect everyone in society from sexual assault, and we must pass this bill into law.”
Also speaking out is bill co-sponsor Assemblywoman Amy Paulin. In a statement saying in part:
“The allegations in the Cornell case are harrowing, and the questions about how Jane Doe was failed by the system are deeply troubling. She deserves answers, and she deserves justice. I thank Governor Hochul for acting decisively by appointing Attorney General Letitia James as special prosecutor. Faith in the local investigation has been lost.”
Cornell University’s President Michael I. Kotlikoff addressed the appointment in a video to students and staff.
“We also support the governor’s decision to turn the criminal investigation over to the New York attorney general,” he said.
Kotlikoff says there will also be an independent review by an outside law firm into the university’s handling of the investigation.