New York lawmakers are renewing a push to change the state’s sexual assault laws after prosecutors in the United States said the current rules made it difficult to bring charges for an alleged gang rape at a Cornell University fraternity house. At issue is whether someone who willingly becomes intoxicated can be considered mentally incapacitated and therefore unable to consent to sex. Under current New York law, only someone who was drugged or given alcohol without their knowledge can be considered “mentally incapacitated” because of intoxication and unable to consent. The same does not apply to someone who willingly consumed alcohol or drugs.
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