Too drunk to consent is too drunk to consent.

In 19 states, the law counts someone as unable to consent because of alcohol or drugs only if those were given to them without their consent. If they drank on their own, prosecutors often can't bring a rape charge, no matter how incapacitated they were.

This site was inspired by the AP article published September 29, 2026 by Claudia Lauer & David A. Lieb; https://apnews.com/article/cornell-university-rape-allegation-intoxication-laws-b86e2cf18e301e83612c0a0dbdb0cb4b

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Why now

A former Cornell student has sued the university and seven fraternity members. She alleges she was drugged and sexually assaulted at a fraternity house in October 2024. No criminal charges were brought at the time, and the Tompkins County District Attorney pointed to the limits of New York law. He has since reopened the investigation.

According to the Associated Press, 19 states treat an intoxicated victim as incapacitated only when the intoxication was involuntary. Minnesota, Michigan and Texas have closed this gap in recent years.

Sources

The 19 states with the loophole

Statute and bill links as of September 30, 2026.

Connecticut
Delaware
Florida

Florida lawmakers have tried to close the loophole before, but no bill has passed.

Hawaii
Indiana
Kentucky
Maine
Mississippi
Missouri
New Hampshire
New Jersey
New York
North Dakota
Oklahoma
Pennsylvania
Tennessee
Utah
West Virginia
Wyoming

If you've been sexually assaulted, you're not alone

National Sexual Assault Hotline (RAINN)

800-656-4673

Text HOPE to 64673, or chat online. Free, confidential, 24/7, in English and Spanish. It connects you to a trained staff member at a sexual assault service provider in your area.

Local support

Students

Specific communities

Dating and domestic violence

Crisis and mental health

More options: the U.S. Office for Victims of Crime keeps a list of national hotlines.

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