Sunny Hostin, speaking as a former sex crimes prosecutor, analyzes an alleged sexual assault case at Cornell University. She argues that while the case is morally repugnant, it cannot be prosecuted under current New York law, which she critiques as flawed. Hostin details the specific legal requirements for such a case, calls out legislators for failing to change the law for eight years, and ends with a passionate demand for legal reform.
Transcript
I I always look at this as a as a former sex crimes prosecutor. In DC, this case would have gone to trial. Mhmm. I would have prosecuted this case, like I prosecuted a lot of sex crimes. The problem is the New York law. Mhmm. And this is a morally repugnant case. It is grotesque when you read the details, Anna. You are right. I feel terrible about how this happened. Why do these kids... Why do they have ketamine? Why are they... Why is there no upstanding, an upstander? You no, you you want that Case. The the young man to go upstairs and say Yeah. Shut this down. What is going on? You want more people to do that. But New York makes it incredibly impossible to prosecute a case like this. You would have to be unconscious or involuntarily drugged, like slipped a drug in order to, charge this case. And that is why it wasn't charged in 2024. And I will tell you tier are 19 other states that have this same law. Yeah. Better this is where you're talking. For eight years, active, advocates in New York have tried to change this law. For eight years. And one, assemblyman, his name is Pat Burke, he characterized this as the ruining drunk sex bill and said that there would be a lot of people that would not be in favor of changing this law. Shame on him. Shame on the legislators that have not changed this law, and they need to change it now. Pat Burke now says he would vote in favor of changing it. But to claim that this would ruin drunk sex is repugnant and grotesque.