LAWS

Last month, a woman identified as Jane Doe filed a lawsuit against Cornell University, the fraternity Chi Phi and the seven fraternity members she accused of gang-raping her on the night of October 19, 2024.

Her allegations have triggered a nationwide reckoning in the United States over the prevalence of sexual assault on college campuses.

But the case has also reignited efforts to reform laws in the state of New York.

While the left-leaning state has long presented itself as a leader in women’s rights, advocates say sexual assault survivors still face pervasive legal barriers when they seek justice.

Erica Vladimer, a lawyer and founding director of Harassment-Free New York, a survivor-led nonprofit, told Al Jazeera that much of the legislation currently in the spotlight is the culmination of years, if not decades, of work.

“These are bills that we have been fighting for for years when sexual violence is not in the news,” Vladimer said.

She drew a line between the #MeToo movement, which began in 2017 as an online campaign to denounce sexual misconduct, and the current wave of outrage following Doe’s allegations.

“It speaks to the fact that the #MeToo movement is not dead. It is a movement, not a moment,” Vladimer said.

Already, leaders in Albany, the state capital, have signalled they would take action following the Cornell case.

On Wednesday, the New York Assembly announced it had formed a working group to examine the state’s sexual-assault laws and develop recommendations for the 2027 legislative session.

Still, advocates say more concrete measures are needed to address the crisis.

“I appreciate that this work is happening,” said Lindsey Boylan, a New York City Council candidate. “It doesn’t undo the fact that rape culture is pervasive in the United States and very much so alive and well in New York.”

Boylan was the first woman to publicly accuse former New York Governor Andrew Cuomo of sexual harassment in another high-profile misconduct case, back in 2020. She is among those calling for greater reform.

Here are some of the measures advocates are pushing state lawmakers to adopt or amend:

‘Voluntary intoxication’ statute

The Cornell University case has brought renewed attention to New York’s “voluntary intoxication” statute, a legal loophole that can make it harder to prosecute sexual assault when a person has willingly consumed alcohol or drugs.

New York Governor Kathy Hochul pledged on Friday to work with lawmakers to close the gap.

“It should not matter whether they chose to use drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape. Period,” Hochul said.

Under the current state law, a person who voluntarily drinks or takes drugs is not considered “mentally incapacitated” during an assault, even if they become too intoxicated to consent.

That can make it harder for prosecutors to bring a sex-crime charge. The law primarily recognises incapacitation in the context of sexual assault when a person was involuntarily intoxicated, unconscious or otherwise “physically helpless”.

That distinction has become central to the Cornell case. Doe has acknowledged that she consumed substances before the alleged rape, saying that she was pressured into drinking alcohol and taking the dissociative drug ketamine.

The Tompkins County district attorney initially declined to bring charges, pointing to the law’s stance on “voluntary intoxication”. But the investigation has since been reopened, amid public pressure.

New York is one of 19 states in the US that distinguish between “voluntary” and “involuntary” intoxication when it comes to determining consent in sexual violence cases.

But the Cornell case has spurred a push to remove the distinction from the law books. Critics have argued that sexual assault is no less grievous if a victim is drunk or has chosen to take drugs.

“I mean, to have New York, a supposedly progressive state, penalise people who are sexually abused for drinking is disgusting,” Boylan told Al Jazeera.

Vladimer, for her part, explained that distinguishing between “voluntary” and “involuntary” intoxication as a means for pursuing sexual assault cases shifts the focus onto the actions of victims, rather than perpetrators.

“We essentially have codified victim-blaming by saying if you become voluntarily intoxicated and then are sexually assaulted, you essentially cannot seek justice in our court system,” Vladimer told Al Jazeera.

In June, the New York state Senate unanimously passed a bill to allow sexual assault charges regardless of whether a victim is intoxicated voluntarily or involuntarily.

But the legislation has yet to be taken up in the state Assembly.

The rape-shield gap

New York’s rape-shield protections limit the use of evidence about a complainant’s sexual history and conduct in criminal proceedings. But those protections do not currently extend to civil cases.

This distinction could matter in the Cornell case because Doe filed a civil lawsuit.

Vladimer said questions about a survivor’s behaviour could come up in the discovery process of a civil case, as well as in court.

“There is the potential of her having to face questions about things like her sexual history,” Vladimer said.

Bridie Farrell, the director of victim rights advocacy and legislation at the law firm Weitz and Luxenberg, told Al Jazeera that she has seen major differences in how male and female survivors are questioned in civil cases where this practice is still permitted.

In one case involving a brother and sister who were both sexually assaulted, Farrell said the man was not questioned about his sexual history while the woman was “grilled on it”.

A bill sponsored by State Senator Liz Krueger would extend rape-shield protections to civil proceedings. The measure passed the Senate in June and is currently before the Assembly Judiciary Committee.

Retaliatory defamation lawsuits

Advocates are also pushing for legislation to prevent retaliatory defamation lawsuits.

Boylan said she has spent more than $2m defending herself in legal proceedings connected to her accusations against Cuomo, who stepped down as New York governor in 2021.

He has repeatedly denied any allegations of wrongdoing, despite a state attorney general’s report that concluded he “engaged in conduct constituting sexual harassment”.

“Every step of the way, we have a system that penalises people for speaking up about their own harm,” Boylan said.

Boylan and Charlotte Bennett, a former aide who also accused Cuomo of sexual harassment, are proponents of the Speak Your Truth Act, which would provide legal protections for people who publicly report sexual assault, harassment or discrimination.

The bill, sponsored by Assembly member Jessica Gonzalez-Rojas, would make certain communications about sexual assault, harassment or discrimination privileged when they are made without malice.

It would also allow survivors of sexual misconduct who successfully defend themselves against a defamation lawsuit to recover legal fees and costs. The bill remains in an Assembly committee.

A recent win, a long way to go

For Bridie Farrell, the victims’ rights advocate, the fight for legal change is personal.

Farrell was a 15-year-old competitive speed skater in 1997 when she said she was sexually abused by her 33-year-old teammate and mentor. She came forward with her story of abuse in 2013.

By then, the statute of limitations in her case had expired. Farrell later became an advocate for changes to New York’s laws, helping to pass the Child Victims Act in 2019 that extended the time available for survivors of childhood sexual abuse to pursue criminal and civil claims.

The law allowed Farrell to file her own case, which she did in 2020. She tells Al Jazeera that a trial has finally been scheduled for June 2027.

“Before we passed the Child Victims Act in 2019, New York was one of the worst in the country,” Farrell said of the situation for sexual assault survivors seeking justice.

Farrell considers the legal impediments to Doe’s case — like the “voluntary intoxication” statute — all too predictable. “I’m not surprised if we haven’t updated a law that is archaic,” she said.

Still, lawmakers have signalled willingness to reform such laws. In announcing the state Assembly’s working group on sexual-assault laws, Speaker Carl Heastie pledged to “thoughtfully” consider how the state can strengthen its laws.

“The allegations being reported out of Cornell University are truly horrifying,” Heastie said on Wednesday. “We want to do everything we can to ensure victims of sexual assault see justice served.”

But survivors and sexual violence advocates say the Cornell case points to problems that go beyond any single law. They hope to see widespread systemic and societal change.

“Changing legislation is incredibly important. But legislation in a lot of cases can only go [as far as] the paper that it’s written on,” Boylan said. “It would be amiss to orient this horrible, tragic, unacceptable, infuriating case in isolation without looking at the broader rape culture of our state and our country.”

For the first time since California and Congress passed a pair of laws bolstering U.S.-based claims to Nazi-looted artwork around the world, two lawsuits have been filed in California demanding prominent museums relinquish pieces seized during World War II.

In one case, filed in federal court in Los Angeles on Monday, the daughters of Auschwitz survivor Dina Gottliebova Babbitt sued the Auschwitz-Birkenau Memorial and Museum in Poland for the return of watercolors Babbitt was forced to paint of fellow prisoners for the Nazi physician and war criminal Josef Mengele.

In the other, filed in Los Angeles Superior Court on Monday, the Jewish Federation of Greater Los Angeles and Daniel Gryczman, the federation’s board chair, sued the Norton Simon Museum in Pasadena for the return of the diptych “Adam and Eve,” a pair of 16th century masterpieces by Lucas Cranach the Elder.

The lawsuits revive legal battles waged unsuccessfully for the watercolors and the diptych for years, on the premise that their claims are newly viable under the new laws — one passed by California lawmakers in 2024 and the other signed into law by President Trump earlier this year.

Both laws were inspired in part by another legal battle over looted art between a California family and a prominent museum, which is still ongoing.

Lilly Cassirer Neubauer escaped Germany at the dawn of World War II by relinquishing to a Nazi art broker the exquisite impressionist masterpiece “Rue Saint-Honoré in the Afternoon. Effect of Rain,” by Camille Pissarro. The painting is now worth millions. Her grandson Claude Cassirer, who moved to California, and great-grandson David Cassirer have been fighting for the painting’s return from the Thyssen-Bornemisza Collection in Madrid for the last two decades.

Amid that battle, California lawmakers rewrote state law to make clear that in situations where it and another jurisdiction’s law on looted artwork are in conflict, California law applies and requires the return of the art to its original owners regardless of the passage of time. In an unusual moment of bipartisanship, Congress followed up by passing its own measure — the Holocaust Expropriated Art Recovery Act of 2025 — to further bolster such family claims.

The two new lawsuits — neither of which provide a valuation for the artwork in question — were filed just ahead of a deadline under the California law for claims to artwork with long-known locations.

David Cassirer said his father would be “extremely proud” to know a California law passed in part in response to his family’s fight has also given other families another chance “to vindicate their ancestors’ artistic legacies.”

Auschwitz watercolors

Michele Babbitt Kane, of Ben Lomond, Calif., and Karin Wendy Babbitt, of Las Vegas, say in their lawsuit that Mengele demanded their mother produce the seven watercolors in question — each depicting a Roma prisoner later murdered — to support his “pseudo-scientific” and racist work studying the Roma people. Known as the “Angel of Death,” Mengele conducted gruesome medical experiments on Auschwitz prisoners.

They said their mother obliged “with deep sympathy for her subjects,” on the condition Mengele “spare her and her mother from the gas chambers.”

After liberation, the lawsuit says, their mother moved to California and worked for nearly 20 years as an animation assistant for Hollywood studios such as MGM and Warner Bros., where she contributed to familiar cartoon characters such as Wile E. Coyote, Tweety, Daffy Duck and Speedy Gonzales.

They say theirs is exactly the sort of case California’s new law was enacted to allow — involving “a California family seeking the return of watercolors created by their Jewish mother under Nazi coercion at Auschwitz and withheld by a Polish state museum for decades despite the Museum’s own repeated acknowledgments of the family’s rights.”

Paweł Sawicki, a spokesperson for the Auschwitz Memorial, said in a statement to The Times that the Babbitt paintings “must remain in the Memorial as part of the documentation of the crimes of Mengele,” and that many in the Roma community agree.

“We fully understand the emotional approach of Dina Gottliebova’s family to the works she made on the orders of Josef Mengele in circumstances that certainly affected her life, but in carrying out our statutory responsibility, we express the deep conviction that the watercolors should remain at the Memorial,” Sawicki said. “The portraits of Roma victims are the few remaining fragments of the documentation made by Mengele as part of his criminal experiments. Therefore, they should be treated as unique documents related to the history of Auschwitz.”

‘Adam and Eve’ diptych

According to the Jewish Federation’s lawsuit, the “Adam and Eve” paintings were part of a vast collection seized from prominent Dutch Jewish art dealer Jacques Goudstikker by Hermann Göring, Hitler’s second-in-command. The collection was later recovered by Allied forces and given to the Dutch government, with the diptych being sold to the Norton Simon in 1971.

The lawsuit says Marei von Saher, Goudstikker’s surviving heir, has long sought the return of the Goudstikker collection, and years ago was successful in forcing the Dutch government to return 200 pieces still in its possession. She first demanded the “Adam and Eve” paintings from the Norton Simon in 2000, without success.

The new lawsuit says Von Saher on Monday signed her claimed rights to the paintings over to Gryczman and the Jewish Federation, which said in a statement that they will use a majority of any proceeds from the return of the paintings to “care for Los Angeles-area Holocaust survivors living in poverty.”

Von Saher’s daughter, Charlène von Saher, said in an interview that her family gave the painting rights to the Jewish Federation because of that shared mission. She said she wishes California and Congress had acted sooner but hopes a win now will help other Jewish families reclaim what is rightfully theirs in the future.

“My grandfather lost his life fleeing the Nazi invasion, and many of his family members were sent to Auschwitz and did not survive,” she said. “Victory would be justice, and a piece of the puzzle to restoring my grandfather’s legacy and his collection.”

The Norton Simon Art Foundation said in a statement to The Times that it was reviewing the new lawsuit, but that various courts, including the U.S. Supreme Court, have over decades of litigation confirmed that the foundation “has proper title” to the diptych paintings, and the foundation “will continue to make these important artworks accessible to the public.”

The Pissarro

The Thyssen-Bornemisza Collection and the Kingdom of Spain, which owns it, have fought the Cassirer family’s claims to the Pissarro painting since Claude Cassirer, now deceased, first sued for its return in 2005. Spain has argued the painting was legally obtained by the collection prior to its 1993 sale to the country by Baron Hans Heinrich von Thyssen-Bornemisza, a prolific art collector whose wealthy industrialist family helped finance Adolf Hitler’s rise.

The matter has repeatedly wound its way through the U.S. courts, including to the Supreme Court, which remanded the case to the lower courts for additional review in light of California’s new law. A hearing is set for next month.

The museum has contended California’s new law is unconstitutional, which California is contesting. David Cassirer has argued the law clearly requires the museum to return the painting — and has pledged to support other looting victims with any proceeds.

He said both California and Congress “acted decisively to guarantee that stolen art victims, and victims of political persecution in particular, can have a fair shot to recover family legacies the Nazis ruthlessly tried to destroy,” and that “the momentum at all levels of government in favor of restitution is very encouraging.”

NEW YORK — A last-ditch Trump administration effort to hunt for noncitizen voters ahead of November’s elections is requiring federal employees to misrepresent themselves on voter lookup tools in a way that likely violates state laws, according to a federal whistleblower’s statement released Monday.

The Department of Homeland Security probe known as the “Unlawful Voter Initiative” also asks employees to create federal law enforcement records about voters based on unreliable data, the account warns. That could potentially wrongly implicate U.S. citizens in official documentation that could spur further investigation.

The anonymous, nearly 30-page disclosure was published Monday by Democratic Senate Minority Leader Chuck Schumer of New York and Democratic Sen. Alex Padilla of California, the ranking member of a Senate committee overseeing federal elections.

It features screenshots and transcripts of a DHS training for a group of U.S. Citizenship and Immigration Services staffers, who it says were forced in late August to drop their other work, complete a less than two-hour training session and begin running DHS-provided lists of individuals through state voter registration systems to find “unlawful voters.”

The whistleblower contends that agents have been asked to review 40 individuals per day, giving them about 12 minutes to determine whether each person is a legal voter and create federal records of anyone who is not.

Padilla and Schumer said Monday the initiative was an example of President Trump attempting to interfere in elections and the short timelines would impede officials from conducting proper investigations. They noted that the data DHS has on voters can be unreliable and differ from state records, making any federal findings based on that data potentially problematic.

“We just got more proof of Trump’s vile schemes to rig our elections,” Schumer told reporters in a news conference. “The lengths Trump will go to cheat, lie and steal in this upcoming election are simply beyond the pale.”

The White House did not immediately respond to a request for comment.

The Trump administration has been targeting noncitizen voting to allege it could be a source of significant fraud during the midterm elections, even as research shows voting by people who are not citizens is extremely rare. Trump has been pushing for the U.S. Postal Service to send mail ballots only to voters verified as U.S. citizens, and his Justice Department has sued to force the release of detailed voter data in 30 states and the District of Columbia, though it has not yet succeeded in those cases.

The whistleblower report details an effort by the federal government to work around a lack of data from the states by directing Citizenship and Immigration Services employees to pose as individual voters to access their state voter records.

Some states, such as Virginia, explicitly limit their voter lookup tools to individuals who attest under penalty of law that they are looking up their own records. In other states, like California, personally identifiable information such as a driver’s license number or partial Social Security number is needed to look up individual voter records.

The whistleblower said that when officers raised concerns about liability for searching the tools against state guidance, agency leaders told them to proceed with the searches anyway.

Schumer and Padilla on Sunday sent a letter to DHS Secretary Markwayne Mullin requesting more information about the initiative and demanding that it be stopped.

Asked about the whistleblower report, a DHS spokesperson said it is “laser focused on prosecuting and removing aliens who vote and preventing the dilution of the votes of U.S. citizens.”

“The department accessed publicly available data from states’ voter rolls and cross referenced them with known aliens in our systems,” the spokesperson said in an emailed statement. “It’s not rocket science; it’s an easy step to secure our elections.”

In response to complaints about the timing, limited training and quotas for agents, the spokesperson said that “far from being rushed or untrained, these investigative efforts are conducted diligently and professionally.”

The New York Times first reported on the DHS initiative in early September.

The whistleblower account released Monday was produced by the watchdog group Democracy Defenders Fund. The group, which said it represents the whistleblower as a client, said the person is anonymous because of “an extreme fear of retaliation but they feel an obligation to speak up about the misconduct and gross mismanagement they have witnessed.”

Swenson writes for the Associated Press.

The UK needs new regulations for AI products used in the NHS and other healthcare settings, says Britain’s industry watchdog.

The Medicines and Healthcare Products Regulatory Agency (MHRA), which regulates all medical devices and licenses treatment drugs in the UK, has published 44 recommendations to update its policies as the use of AI in the sector rises.

The technology will soon be routinely used within the NHS, MHRA chief Lawrence Tallon told the BBC.

“What I would expect is that patients will… increasingly see AI as part of the way that normal NHS healthcare is delivered,” he said.

“That should happen in a way that they can maintain their trust and their confidence in what’s happening.”

The report was compiled by an independent commission and involved input from more than 12,000 people including patients and clinicians.

The recommendations include:

“The medical devices regulatory framework predominantly dates from a period where we were thinking about things like hip replacements and knee replacements, or smaller things like stethoscopes and plasters,” Tallon said.

He added while current guidelines may work for simple AI products trained to spot known symptoms on scans, for example, the rules do not apply to more complex models.

“Unlike most of the medical products we’re used to regulating, these products continue to change after the point of authorization,” he said.

“As new data gets fed in, they learn, they adapt, they drift.”

And he acknowledged trying to regulate AI is a global challenge.

“I don’t think at this moment in time we can point to a single country, a single regulatory framework, and say that they have absolutely cracked it,” he said.