NEW YORK (AP) — New York Governor Kathy Hochul criticized the response of authorities to the allegations of gang rape made by a woman against members of a Cornell University fraternity. During a news conference, Hochul stated that the woman had been "failed" by those who were supposed to protect her, such as campus police and the local district attorney's office. The governor's remarks came after she appointed Attorney General Letitia James as a special prosecutor to take over the investigation amid concerns about how the case had been handled.
Hochul expressed her outrage over the district attorney's decision to close the case without interviewing the accuser or any witnesses. "In what world does the district attorney not even interview her, or anyone else involved?" she questioned, emphasizing that the young woman had already undergone a traumatic experience. According to her, the woman had clearly communicated her confidence that she had been raped, yet the details of her account were absent from the police report sent to prosecutors.
The case gained further scrutiny after Hochul appointed James to oversee the investigation due to a loss of faith in the local district attorney, Matthew Van Houten. In a statement, Van Houten expressed support for James's appointment, acknowledging that the information provided by Cornell University was insufficient for a complete understanding of the situation. He emphasized that the focus should remain on the victims.
James did not specify the duration of her investigation but indicated that it could take months. She committed to reviewing the facts, gathering evidence, and interviewing witnesses, asserting her goal to pursue prosecutions if warranted. The investigation, which had been previously closed in 2024, was reopened following a lawsuit filed by the accuser against seven former members of the Chi Phi fraternity and Cornell University.
The allegations outlined in the lawsuit describe the woman being drugged and subjected to sexual acts by multiple men while incapacitated. It was reported that one of the fraternity members had messaged others to inform them of the situation, inviting their participation. Lawyers for two of the accused denied any involvement in a sexual assault and claimed their clients did not touch the woman. Efforts to contact the other alleged assailants were unsuccessful.
Governor Hochul also advocated for changes to New York's sexual assault laws, arguing that the current legislation makes it challenging to prosecute individuals who engage in sexual acts with someone who willingly becomes intoxicated to the point of losing the ability to consent. Under existing law, rape charges often necessitate evidence of force or clear refusal, except in cases where the victim is rendered physically helpless or mentally incapacitated due to being drugged without consent. Hochul asserted, "If someone is too intoxicated to consent, 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."
This case has raised broader questions regarding Cornell University's response to sexual assault allegations and the issue of how such claims are managed on college campuses nationwide. The woman, referred to as Jane Doe in legal documents, revealed that she reported her assault to campus police in November 2024 and subsequently discussed it with university investigators as part of Cornell's internal disciplinary procedures.
In the past, New York governors have utilized attorneys general to oversee significant cases. For instance, in 2018, then-Governor Andrew Cuomo appointed a Long Island district attorney to investigate Attorney General Eric Schneiderman, who resigned following allegations of abuse. Similarly, in 2021, James appointed outside lawyers to investigate sexual harassment claims against Cuomo, leading to his resignation as well.
Letitia James, who has held the position of attorney general since 2019, is recognized for her legal actions against former President Donald Trump related to financial misconduct allegations. Although Trump attempted to retaliate with charges against James, these were dismissed by a judge.
