James Probes 2024 Cornell Assault as New York Consent Law Sets High Bar
Updated
Updated · NPR · Oct 5
James Probes 2024 Cornell Assault as New York Consent Law Sets High Bar
3 articles · Updated · NPR · Oct 5
Summary
Letitia James’s new investigation into the 2024 alleged Cornell sexual assault may face a steep prosecutorial hurdle because New York law requires proof the accuser was physically helpless.
Under that standard, voluntary intoxication is usually not enough; prosecutors generally must show unconsciousness or an inability to communicate unwillingness, making cases involving partial awareness hard to prove.
Evidence such as videos, texts or witness testimony could still support charges if it shows penetration occurred while the accuser was unconscious, James’s legal experts said.
Kathy Hochul has backed updating the law after public backlash, but any rewrite would apply only prospectively and not to the Cornell case James is now reviewing.