New York Governor Kathy Hochul has directed State Attorney General Letitia James to serve as special prosecutor in the investigation of an alleged gang rape at Cornell University. The appointment, made via executive order on Thursday, follows Hochul’s determination that local law enforcement and prosecutors failed to adequately pursue the 2024 allegations.
Speaking at a press conference on Friday, Hochul expressed deep concern over the handling of the case by Tompkins County authorities. She noted that the district attorney’s office declined to prosecute in November 2024 without interviewing the alleged victim or reviewing the full transcript of her statements.
“In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?” Hochul asked. “I want the truth. I think every parent in this state, every New Yorker wants the truth in this case.”
The executive order mandates that the state attorney general’s office take control of the criminal investigation. If evidence warrants, it will be presented to a grand jury for potential prosecution. The order highlights that the original decision not to prosecute relied partially on a Cornell Police statement that omitted the woman’s allegation that she had been sexually assaulted.
The case centers on allegations made by a former student, identified only as Jane Doe, who claims she was drugged and gang-raped inside the Chi Phi fraternity house on October 19, 2024. Prosecutors initially closed the file without charging anyone in 2024. However, Tompkins County District Attorney Matthew Van Houten reopened the inquiry on Monday after the woman filed a civil lawsuit accusing seven fraternity members of sexual assault.
Van Houten defended his initial decision, stating in a September 28 statement that he reviewed a six-page sworn affidavit the woman provided to Cornell police. He argued that the document described her participation in sexual activity as voluntary and consensual, and did not allege she was drugged against her will. Van Houten maintained that multiple investigators concluded the facts, as presented, did not constitute a crime under current New York law.
Governor Hochul countered that the full account given to police was not shared with prosecutors, citing reports that the woman told investigators she was “100% confident” she had been raped. Cornell University stated that its police department provided all gathered evidence, including a Snapchat screenshot, and that the university conducted a separate disciplinary review. Sanctions imposed included expulsions and suspensions, and the university is currently conducting an independent review of its response.
The case has also reignited debate over New York’s legal definition of incapacity to consent. Current law defines mental incapacity as resulting from drugs or alcohol being administered without consent. A bill introduced in June would expand this definition to include situations where a victim voluntarily consumed substances but became too intoxicated to control their conduct, provided the accused knew or should have known of that condition.
“If someone is too intoxicated to consent, it should not matter whether they chose to use drugs or alcohol,” Hochul said. “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 publicly accuse former Governor Andrew Cuomo of sexual harassment, urged Hochul to leverage the case for broader legal reform. “I expect to see her follow through with not just supporting the independent investigation, but also changing the state laws,” Boylan said.
Interesting how the university expelled some students but the criminal case was closed. Why the discrepancy in standards?
Does this push for changing New York’s consent laws? The voluntary intoxication loophole needs to close.
Wait, the DA relied on a document missing key allegations? How did they not interview the accuser directly? That seems negligent.
This is exactly what should have happened. Local authorities dropped the ball, and now we might finally get accountability.