Dr Ann Olivarius KC (Hon) OBE has been featured in USA TODAY as the Cornell sexual assault case brings renewed attention to a controversial component of New York sexual assault law known as the “voluntary intoxication exclusion.”
The article examines how New York law distinguishes between sexual assault victims who became intoxicated involuntarily and those who voluntarily consumed alcohol or drugs, and the implications this distinction can have for sexual assault cases.
Speaking to USA TODAY, Dr. Olivarius discussed how this distinction may have played a role in the initial decision not to bring criminal charges in the Cornell case in 2024. She explained that where intoxication results from alcohol or drugs consumed voluntarily, prosecutors may determine that the circumstances do not meet the standard required under New York law.
Dr. Olivarius also discussed how the legal standard compares with contemporary understandings of consent. Referring to the allegations involving the former Cornell student, who USA TODAY reports had been drinking and taking ketamine, Dr. Olivarius said it should have been clear to those involved that:
She cannot possibly consent.
The USA TODAY article also examines wider criticism of the “voluntary intoxication exclusion” and efforts by New York lawmakers to amend the law governing consent in cases involving intoxication.
Dr. Olivarius was a plaintiff in the landmark Alexander v. Yale case, which helped establish sexual harassment as a form of sex discrimination under Title IX. She now represents survivors of sexual misconduct and discrimination, including in cases involving universities and educational institutions.