Texas Closes Controversial Loophole That Denied Justice to Sexual Assault Victims
- Natalie Frank
- Jun 29
- 4 min read
A decade after her attack, one survivor’s courageous crawl to the Capitol helped change a law that ignored voluntary intoxication, giving future victims a path to justice
Natalie C. Frank, Ph.D June 29 2025
AUSTIN, Texas - For 22 exhausting hours, Summer Willis crawled across the streets of Austin on her hands and knees, bloodied and trembling, determined to reach the Texas Capitol. She wasn’t just aiming to complete a marathon route she had planned; her real goal was to confront a justice system that had failed her and so many others.
A decade earlier, she says she was raped at a University of Texas fraternity party after drinking what she believes was a drugged drink. Because she had accepted the drink voluntarily, at the time, Texas law made it nearly impossible to prosecute her case. Texas law didn't see someone as 'incapacitated' unless their intoxication was involuntary, leaving a big loophole that kept many survivors from getting justice.
“I finally gave myself permission to stand up,” said Willis. “I stood up and I said, I’m not going to finish this how I anticipated it, but I am going to finish it.”
And she did.
Now, after ten years of speaking out and healing through many painful steps, the law that allowed her attacker to go free has been changed. On June 20, Texas Governor Greg Abbott signed the Summer Willis Act, which closes that loophole and rewrites the definition of consent in the legal system.
Law Now Recognizes Incapacity Due to Voluntary Intoxication
The new law clearly states that someone cannot legally consent to sex if they are impaired or drunk—no matter if they took the substance willingly. This important change puts Texas in line with many other states that see the reality of how many sexual assaults happen. Over 20 states still have some version of the "voluntary intoxication" loophole, which can let offenders avoid charges just because the victim chose to drink or take drugs.
“It’s not retroactive,” Willis acknowledged. “I’ll never get justice from this bill. But I know that every victim from the day of the signing … won’t have to be told it doesn’t count.”
From Pain to Power: One Woman’s Mission
Two years before her symbolic crawl, Willis started running marathons, sometimes carrying a mattress on her back, to face her trauma and begin healing. Her initial journey wasn’t about legislation; it was deeply personal.
“I was looking at my beautiful boys’ faces, and I was like, ‘I want to be the woman that I used to believe I could be for you guys,’” she said. “Someone who’s strong, and confident and whole.”
Through her nonprofit, Strength Through Strides, she has raised tens of thousands of dollars to help other survivors of sexual assault. Her story and fight have inspired people far beyond
Texas. It became a call to action for advocates and lawmakers nationwide.
A Nationwide Crisis of Consent
The problem isn’t just in Texas. A 2022 review of laws across all 50 states and D.C. found nearly half still only recognize someone as incapacitated if they were involuntarily intoxicated. This leaves many victims—especially students and young adults—still unprotected by outdated laws.
“State laws have enshrined victim blaming in our legal system when it comes to sexual assault,” said Mollie Montague, Director of State Legislative Affairs at RAINN, the country’s largest anti-sexual violence organization.
Montague emphasized the deeply ingrained cultural resistance to change: “Changing these laws really forces us to confront long-held beliefs—and laws that do that are hard to pass. People fear changing the status quo, and right now the status quo is protecting predators.”
Momentum Grows After High-Profile Cases
These days, people are paying way more attention than they used to. Just this year, big-name trials involving folks like music legend Sean “Diddy” Combs, the fallen producer Harvey Weinstein, and former President Donald Trump have kept everyone talking about how the justice system handles sexual assault. (Diddy says he’s not guilty, while Trump and Weinstein both deny the accusations.)
But for many survivors, seeing these famous cases doesn’t always mean they get their own justice. In Minnesota, it took a lot of public outrage after a 2021 Supreme Court decision to push for change. The court had overturned a rape conviction by arguing that the victim had voluntarily taken alcohol and prescription drugs, so she wasn’t legally unable to give consent.
The backlash was quick, and within months, the law was updated. In New York, though, progress has been slow. Lawmakers have been trying for at least six years to fix their law about intoxication loopholes. Even with support from both sides, the bill keeps getting blocked and never makes it to a vote.
A Survivor’s Fight for Change
For Summer Willis, winning this battle elicits a mix of emotions. Her own case can’t be reopened, and she can’t undo what happened to her. But the impact of her courage is clear.
“I know that every victim from the day of the signing … won’t have to be told it doesn’t count,” she repeated, her voice steady with purpose.
Her story is a powerful reminder that even the deepest pain can spark hope, change, and the pursuit of justice.
