Cornell case highlights the patchwork of state laws governing intoxication, sexual consent

The Chi Phi fraternity house at the center of a rape allegation stands on the campus of Cornell University in Ithaca, N.Y. Nineteen states, including New York, limit mental incapacity under sexual assault law to cases of involuntary intoxication, such as being drugged against one’s will. (Photo by Ryan Murphy/Getty Images)A former Cornell University student’s allegations of gang rape in 2024 have renewed attention on a difficult area of sexual assault law. A person can be awake, responsive and even able to move during a sexual encounter while still being so intoxicated or impaired that they cannot understand what is happening or make an informed decision about sex. But whether that person is considered legally incapable of consenting can depend on the state and, in some cases, on how the person became intoxicated.  There are a lot of very good laws on the books,” said Renée Williams, CEO of the National Center for Victims of Crime. “The problem is that nobody knows how to enforce them