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A decade after the Stanford case, a new lawsuit at Cornell exposes how little has changed in the way institutions, courts and commentators explain sexual violence on campus
As the anniversary of the #MeToo movement approaches on 15 October, nine years after the hashtag first spread across the world, a case at Cornell University has reopened an uncomfortable debate about how sexual violence on American campuses is understood and punished. Seven male students stand accused of the gang rape of a 20-year-old woman in their fraternity house two years ago, and now face a civil suit brought by the woman herself. Apparent failures by the university and the local district attorney to act appropriately at the time have prompted a fresh wave of commentary on whether the movement has lost its force.
The case invites comparison with one of the most widely discussed sexual assault cases of the past decade. In January 2015, Chanel Miller, then known publicly only as Emily Doe, was sexually assaulted while unconscious behind a fraternity house at Stanford University. Her attacker, Brock Turner, was convicted of felony sexual assault and sentenced to six months in jail, of which he served three. Throughout the proceedings, Turner was described in sympathetic terms as a promising champion swimmer, while scrutiny fell heavily on Miller’s drinking and her capacity to consent. Public perception shifted only when Miller’s victim impact statement, addressed directly to her attacker, was read in court and circulated widely.
The Alcohol Explanation
A prominent strand of commentary has treated alcohol as the decisive factor in such cases. In his 2019 book Talking to Strangers, Malcolm Gladwell devoted an entire chapter to the Stanford case, presenting it as a tragic misunderstanding between two people, which he described as a “transparency failure on steroids”, that would not have occurred without the presence of alcohol.
On its own terms, the claim is accurate. Alcohol was present, and it shaped the circumstances of the assault. Yet the explanation is incomplete to the point of being misleading, because it isolates one contributing condition while ignoring the many others that made the crime possible and its consequences so limited.
The Factors Left Out
The assault would equally not have happened had the perpetrator not been male, or had boys and girls not been raised under such different expectations. It might have been prevented had the criminal justice system pursued sexual assault with the same diligence it applies to far lesser offences, such as motoring violations, and had campus rape been treated as a serious category of crime rather than a disciplinary matter. The broader statistics reinforce the point: around two-thirds of rapes and sexual assaults in the United States go unreported, and of those that are reported, only about 8 percent end in conviction.
Seen in this light, the central disinhibiting factor in Miller’s assault, and in the alleged assault at Cornell, appears to be not drugs or alcohol but entitlement, misogyny and a well-founded expectation on the part of the accused that they would never face serious consequences. Alcohol may lower inhibitions, but it does not create the belief that another person’s body is available, nor the confidence that no meaningful penalty will follow.
Institutional Shortcomings
The Cornell case also highlights the limits of university disciplinary systems, including Title IX procedures, as a response to serious sexual violence. Of the seven accused students, two were expelled, two suspended, one declared persona non grata, and two barred from campus. Whatever their administrative value, such sanctions fall far short of the accountability expected for an alleged felony of this gravity, and they underline the danger of channelling serious crimes through internal complaint processes rather than the criminal courts.
Signs of Progress
The comparison between the two cases is not wholly discouraging. After an initial round of deflection and counter-accusation, the woman at the centre of the Cornell allegations appears to have faced considerably less public scepticism than Miller endured a decade ago. That shift suggests that public understanding of consent and victimhood has moved forward, even where institutions have not.
The enduring lesson is that framing campus sexual assault primarily as a problem of intoxication shifts attention away from those who commit it and from the systems that fail to hold them accountable. Until entitlement and impunity are addressed as directly as alcohol, the pattern linking Stanford in 2015 and Cornell today is likely to continue.