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, citing concerns over the local prosecutor’s handling of the case. Hochul stated that newly released information had undermined her confidence in the investigation by local authorities.
At a news conference on Friday, Hochul expressed that the woman who reported the alleged assault had been failed by institutions responsible for her protection, including Cornell University Police and the Tompkins County district attorney’s office. "In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?" Hochul asked. "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 assault that occurred in October 2024. If warranted, evidence will be presented to a grand jury for prosecution. The order notes that the Tompkins County district attorney declined to prosecute the case in November 2024 without interviewing the complainant, referred to as Jane Doe, and relied on a statement from Cornell police that omitted her assertion of sexual assault.
On Friday, President Donald Trump criticized Hochul’s decision to appoint James, whom he described as "corrupt," to oversee the case. The appointment means that the state attorney general’s office will manage the criminal investigation instead of the county district attorney.
Initially, prosecutors closed the case without charges in 2024. However, Tompkins County District Attorney Matthew Van Houten reopened the investigation on Monday after Jane Doe filed a civil lawsuit against seven members of the Chi Phi fraternity, accusing them of sexual assault. Van Houten defended his original decision, stating that prosecutors reviewed a six-page sworn statement from the woman, which did not allege that she had been drugged and described her participation in sexual conduct as voluntary. He indicated that multiple prosecutors and investigators concluded that the facts did not establish a crime under New York law.
Hochul, however, stated that the full account provided to police was not conveyed to prosecutors, citing reports that Jane Doe expressed she was "100% confident" she had been raped. Cornell University has stated that its police department provided evidence to prosecutors and conducted its own disciplinary investigation, resulting in sanctions including expulsions and suspensions.
The case has sparked renewed debate over New York’s definition of incapacity to consent. Current state law defines a person as "mentally incapacitated" when drugs or alcohol are administered without consent. A state bill introduced in June aims to extend this definition to cases where a victim voluntarily consumed substances but became incapacitated to the point of being unable to control their conduct, provided the accused was aware of the victim’s condition.
Lawmakers have highlighted the case as an example of a gap in the state’s current law. Hochul stated, "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."
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 advocate for broader legislative changes alongside the independent investigation. "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."