When Alessandra Biaggi heard that prosecutors in upstate New York declined to file criminal charges against a Cornell fraternity brother now accused of sexual assault, she said she was furious. She still does.
“I feel very angry and outraged,” Biaggi said.
Back in 2019, former state Sen. Biaggi tried to tighten New York state’s rape statute after seeing the NBC New York I-Team’s report. The report told the story of a Manhattan clubgoer who said her rape charges were dismissed by prosecutors because she voluntarily drank to the point of severe intoxication.
“I mean, I think it’s clear that if someone goes out drinking and gets sexually assaulted, the law will protect them,” Biaggi said.
But the “I-Team” story reveals a loophole in New York’s sex crimes laws. The story first revealed a letter written by then-Manhattan District Attorney Cy Vance, in which he argued that state law prevented his staff from charging sex crimes when the victim voluntarily consumed alcohol — as could be done against an underage nightclub goer — even if a reasonable person would conclude the complainant was too drunk to consent.
At the time, Biaggi said she drafted a bill to close the so-called “voluntary poisoning loophole” within 24 hours of seeing the I-Team story.
But as soon as the bill was drafted, it quickly ran into trouble in legislative committees. For the next seven years, the bill stalled in Albany.
Now, the legislation is receiving intense scrutiny from those who have criticized the treatment of “Jane Doe” at Cornell University after she reported that she was the victim of sexual violence inside Chi Phi fraternity in 2024 after being severely impaired by drugs and alcohol.
Governor Hochul has now appointed Attorney General Letitia James to take over the Tompkins County Prosecutor’s criminal investigation. Hochul also publicly vowed to close the loophole of voluntary poisoning. Activists on Cornell University’s campus also called for the bill’s passage.
“If this was written into law, I think it would be difficult for prosecutors to ignore the case and it might protect her,” Biaggi said.
None of the accused fraternity brothers have been charged with a crime, and they have yet to respond in court to the civil lawsuit filed by Jane Doe.
Since Biaggi left public office in 2023, energy behind the rape reform bill has been fitful. But the bill has passed several times in the New York State Senate, but has stalled in the state Assembly.
Last week, powerful Assembly Speaker Carl Heastie said he was troubled by the events at Cornell University, but said seven years of debate on the Biaggi bill had not been enough to garner enough support among Assembly Democrats.
“The parliamentary majority held two sittings on the bill,” the spokesman said. “We don’t have enough votes in the majority session to pass the bill.”
But Heastie’s comments failed to acknowledge that there is also Republican support for closing the voluntary poisoning loophole. According to the New York legislative website, the bill had more than 90 congressional sponsors last year, enough votes to pass the 150-member House of Representatives.
Heastie did not say whether he personally opposes rape reform bills, but some defense attorneys believe that eliminating voluntary intoxication as an affirmative defense in rape cases could lead to accusers making false accusations because they do not remember giving affirmative, enthusiastic consent to sex when they sober up.
Heastie has now convened a working group to “address issues with the bill and look for other ways to strengthen New York’s sexual assault laws.”
Biaggi said she encouraged Heastie to organize the task force, but she said there was no reason why he had failed to bring her bills to a vote for the past seven years — if for no other reason than to help voters understand where their elected leaders stood.
“This is morally reprehensible,” Biaggi said. “Fortunately, I think this Cornell case will push the Legislature to do the right thing.”