The civil lawsuit a young woman recently filed against Cornell University and seven fraternity members, alleging sexual abuse two years ago, has jolted the nation.
The case of “Jane Doe” has also reignited America’s debate about sexual consent. At its center is a decadeslong legal fight over how to define and adjudicate it—often among young adults, like those at Cornell, in the murk of encounters accompanied by alcohol and drugs.
In New York, where Cornell is based, Gov. Kathy Hochul is demanding that legislators close the so-called voluntary-intoxication loophole—a provision critics say lets perpetrators prey on individuals like Jane Doe without consequence if the victim knowingly drank or used drugs.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul told reporters. “Voluntary intoxication is not a license for sexual assault or gang rape. Period.”
The debate over consent has raged for years, shaped by wider ...
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