THE LOOPHOLE MYTH: Voluntary Intoxication is not a Rape Pass

L3G4L · Oct 9, 2026 · 7m · transcript

With renewed attention on allegations that a 20-year-old Cornell University student was sexually assaulted by multiple fraternity members (the so-called “Cornell 7”), news outlets have reported that a legal “loophole” makes it “nearly impossible” to prove rape in New York when the victim was voluntarily intoxicated. That framing is dangerously misleading. It could lead a victim to believe that if she was drinking before she was raped, her rapist gets a free pass, and that simply isn’t the law. This episode breaks down what the loophole actually covers, what it doesn’t, and the ways New York…