The facts
Pressure is mounting on Gov. Kathy Hochul to have the state legislature reconvene and close New York’s “voluntary intoxication” loophole, which lets a defendant argue that a victim’s consent was impaired only if the intoxication was involuntary. The loophole has been the subject of Assembly Bill A101 since 2018 but has stalled in the Democratic‑run Assembly. ULTRAVIOLETACTION is circulating a petition to Hochul and Assembly Speaker Carl Heastie demanding an extraordinary session. ProtectNYKids CEO Gary Greenberg told The Post, “If the governor were sincere in supporting victims, she could call the legislature back into session today.” The Cornell University fraternity case, in which seven men are accused in a civil suit of a 2024 gang‑rape, has revived the debate. Tompkins County DA Matthew Van Houten acknowledged the loophole when explaining why no criminal charges were filed and announced a probe reopening. Hochul’s office said she urged lawmakers to close the loophole but balked at calling an emergency session; she noted the regular 2027 session could address the bill. Hochul, Senate Majority Leader Andrea Stewart‑Cousins and Speaker Heastie serve ex‑officio on Cornell’s Board of Trustees, and Cornell receives roughly $200 million in state funding annually. In June 2022 Hochul did call an emergency session for gun‑safety legislation after a Supreme Court ruling.
Our take
Kathy Hochul proved she can yank an emergency session when a Supreme Court decision threatened New York’s gun laws in June 2022. She did it in weeks, not months, and the legislature responded. Now the same governor faces a loophole that lets rapists argue a victim’s voluntary intoxication nullifies consent, and she says the fix can wait until the 2027 session. That’s not a timeline; it’s a middle finger wrapped in a press release. The voluntary‑intoxication loophole is simple, ugly bullshit: a woman who drinks or smokes herself “stupid” can still be treated as a willing participant under current law. Twenty‑five states plus Washington, DC have already fixed this; New York and eighteen others cling to a narrow definition that only covers secret drugging. The bill to close the loophole has floated since 2018, passed the Senate, and been buried repeatedly in the Assembly. Gary Greenberg’s rant that the Assembly is “pro‑criminal socialists” isn’t hyperbole; it reflects a pattern of inaction when the political cost is low. Hochul, Heastie and Senate Leader Stewart‑Cousins sit on Cornell’s Board of Trustees, overseeing an institution that draws about $200 million in state money each year. When the Cornell scandal lands on their own board, the response is a “working group” and a promise to look at the issue after the next election. That’s cowardice, not leadership. Every month the loophole stays open hands another free pass to predators, another victim left without legal recourse. The numbers don’t lie: guns got an emergency session in weeks; rape victims are told to wait five years. New York’s justice system is showing its true colors, and it’s a fucking disgrace.
