New York Governor Kathy Hochul says local authorities failed to properly investigate the 2024 allegations.
New York Governor Kathy Hochul has appointed state Attorney General Letitia James as a special prosecutor to investigate an alleged gang rape at Cornell University, saying newly released information had undermined her confidence in the local prosecutor’s handling of the case.
In a news conference on Friday, Hochul said that the woman who reported the alleged assault had been failed by institutions responsible for protecting her, including Cornell University Police and the Tompkins County district attorney’s office.
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“In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?” Hochul asked at the news conference. “And I want the truth. I think every parent in this state, every New Yorker wants the truth in this case.”
Hochul signed an executive order on Thursday requiring the attorney general to investigate the alleged October 2024 assault. If warranted, evidence will be presented to a grand jury and the case prosecuted.
The order states the Tompkins County district attorney declined to prosecute the case in November 2024 without speaking to Jane Doe and relied, at least in part, on information from a Cornell police statement that omitted her assertion that she had been sexually assaulted.
The appointment of James means the state attorney general’s office, rather than the county district attorney, will now control the criminal investigation.
Questions over the 2024 investigation
Prosecutors initially closed the case without criminal charges in 2024. Tompkins County District Attorney Matthew Van Houten reopened the investigation on Monday, after Jane Doe filed a civil lawsuit accusing seven members of the Chi Phi fraternity of sexually assaulting her.
Van Houten has defended his original decision, saying in a September 28 statement that prosecutors reviewed a six-page sworn statement the woman gave Cornell police in November 2024.
He said the statement did not allege that she had been drugged against her will, and described her participation in sexual conduct as voluntary and consensual. He said multiple prosecutors and investigators reviewed the statement and concluded that, as presented, the facts did not establish a crime under New York law.
The governor, however, said the full account given to police was not conveyed to prosecutors. She cited reports that Jane Doe told investigators she was “100% confident” she had been raped.
Cornell has said its police department provided prosecutors with the evidence it had gathered, including a Snapchat screenshot, and that the university separately investigated the allegations through its disciplinary process. Cornell said sanctions imposed after that process included expulsions and suspensions.
Cornell has also said it is conducting an independent review of how it handled the allegations.
New York’s consent law under scrutiny
The Cornell case has renewed debate over New York’s definition of incapacity to consent. Under current state law, a person is considered “mentally incapacitated” when drugs or alcohol are given to someone without consent.
A state bill introduced in June would extend the provision to cases in which a victim voluntarily consumed alcohol or drugs but became so intoxicated that they were temporarily unable to control their conduct, if the accused knew or reasonably should have known of the victim’s condition.
The legislation has gained renewed attention following the Cornell allegations. Lawmakers said on Thursday that the case highlighted what they described as a gap in the state’s current law.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul said at Friday’s news conference. “Voluntary intoxication is not a licence for sexual assault or gang rape, period.”
Lindsey Boylan, a New York City Council candidate and the first woman to accuse former Governor Andrew Cuomo of sexual harassment publicly, said Hochul should use the moment to push for broader legislative change.
“I expect to see her follow through with not just supporting the independent investigation, but also changing the state laws,” Boylan said. “That is what I’m expecting her to do now, and I think that is what every survivor is expecting her to do now.”
