Too Drunk to Consent? The Law Complicating the Cornell Rape Case

The latest developments in the Cornell rape case raise a complicated question: When is someone too intoxicated to legally consent to sex? Michael breaks down New York’s rape laws, the controversial “voluntary intoxication” loophole, and why the distinction between being drugged, unconscious, and voluntarily intoxicated could make this case extraordinarily difficult to prosecute. Plus, new reporting on recorded phone calls involving the Cornell students and Michael’s conversation with listeners about whether New York law should change. Original air date 5 October 2026.