🇺🇸⚡️- When analyzing the 2024 statement given to police, it becomes clear it is impossible to bring any of New York’s rape charges against any of the men.

Craig disqualified herself from first-degree rape, which involves “physical helplessness,” meaning unconscious or unable to communicate consent. In the statement, she was perfectly conscious and inquired of one of the men, “what happened to just you and me?” clearly able to question what was happening.

She disqualified herself from second-degree rape, which requires being mentally incapacitated or disabled, excluding consensual intoxication (more on this later). She snorted ketamine willingly and got drunk willingly. It is impossible to pursue.

And for third-degree rape, which is the basic, what we think of as rape, simply involving sex with someone who does not consent, the victim must clearly state or exhibit lack of consent. When she did indicate that she did not want sexual acts to happen, they stopped, according to her own statement to police.

It is simply not possible to bring any successful charges against the Cornell 7 under current NYS law; however, as the public outcry continues and the political maneuvering currently taking place continues, the Cornell 7 are in serious trouble. There currently is a motion by the New York Legislature to get rid of the language for second-degree rape excluding consensual intoxication, meaning that charges would be able to succeed against the Cornell boys. The bill to change this has already passed the State Senate and is waiting in the Assembly.

New York notoriously has changed its sexual assault laws before in order to achieve political ends; it did so during the Biden Administration in order to go after Trump. It is highly likely these changes will be passed and the men will be in serious jeopardy. New York Governor Kathy Hochul has also announced tonight that NY Attorney General Lititia James will be personally leading the investigation into the Cornell 7, prompting backlash from the GOP for the first time this week in relation to the incident.

AG James had tweeted a few days ago a statement clearly showing she has already made up her mind about the case.

Thread analyzing NYS law can be read here for further context.

For any of our Law Students here is an important paper about Victim Intoxication laws in New York compared to the rest of the US that are now central to this case.

The next post will be about information revealed in the last couple of days.