Cornell University Rape Case Review Announced by Governor Hochul

New York Governor Kathy Hochul has taken significant action by issuing an executive order that appoints Attorney General Letitia James as a special prosecutor in relation to the alleged gang rape of a former Cornell University student involving seven fraternity members.

On Thursday, Hochul expressed her diminished confidence in both Cornell’s initial handling of the allegations and the district attorney’s capability to effectively investigate and prosecute this case after new information came to light. She mentioned that these revelations led her to doubt the integrity of the investigation being conducted by both the university and the Tompkins County District Attorney’s office.

“Newly released information continues to raise serious questions about the investigation conducted by the Cornell Police Department and the decision by the Tompkins County District Attorney not to prosecute an alleged sexual assault on Cornell University’s campus in October 2024. This has, in turn, undercut my faith, and the public’s faith, in the District Attorney’s ability to effectively investigate and prosecute the case at this time,” Hochul mentioned in a press release.

“For this reason, I have issued an executive order appointing Attorney General James as special prosecutor in this case. As special prosecutor, the Attorney General will investigate this incident and, if warranted, prosecute any offenses arising from that investigation and present evidence to a grand jury,” she explained further. “The young woman at the center of this case deserves to know that every fact will be examined and justice pursued. This action will ensure that the matter is fully and thoroughly investigated without conflict or bias, and handled independently with the rigor that this matter demands.”

The new information mentioned includes a transcript from the campus police’s interview with the plaintiff, “Jane Doe.” This transcript, which surfaced in the media recently, contained a six-page sworn statement wherein Doe asserted, “I can say with 100% confidence I was raped.”

“Shockingly, those words never made it into the account that the Cornell police sent to prosecutors,” Hochul stated during a press conference. “The attorney general then declined to pursue charges after reviewing that incomplete account and never interviewing her.”

Tompkins County District Attorney Matthew Van Houten commented that Doe had not initially claimed she was raped nor indicated that any drug use or sexual acts were non-consensual until a civil lawsuit was filed last month.

“Jane Doe’s sworn statement in November of 2024 did not allege that she was drugged against her will or gang raped. On the contrary, Jane Doe’s statement described her participation in drug use and sexual conduct as voluntary, conscious, and consensual,” he noted. “My office obviously did not and could not have based our November 2024 decision on the allegations in a civil lawsuit that would not be filed until nearly two years later.”

In his remarks, Van Houten underscored the particulars of Doe’s statement that suggested her initial encounter with two of the accused men was consensual, even though she claimed to have been under the influence of various substances at the time. She voluntarily admitted to engaging in activity with two of the men, stating her intoxication was moderate, around a “5 or 6 out of 10.”

However, she also recalled a moment when she clearly said, “Hell no,” and attempted to hide under a blanket when other fraternity members joined in.

“According to the statement, each time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped. Thus, with no evidence of a ‘lack of consent,’ criminal charges simply could not be sustained,” Van Houten declared.

Despite this, he did acknowledge that the behavior of the fraternity members was “disgusting and morally reprehensible.” He recognized the complexities involved in how victims process their experiences over time.

“I recognize the reality that it can take years of therapy and healing for victims of sexual assaults to fully process and understand what happened to them,” he acknowledged.

This week, Van Houten announced that his office would be reopening the investigation.

A report from The New York Times indicated that one of Doe’s roommates told investigators that Doe’s perspective shifted after the incident, suggesting she wanted the interaction to be consensual. The roommate recounted conversations where Doe expressed confusion about the nature of the encounter.

“I think she wanted it to be consensual,” the roommate reportedly told investigators. “I’d have conversations and she would describe a part of what happened and I would tell her that that is what could be classified as rape,” the roommate added.

Attorney General James also provided a statement when she assumed responsibility for the case.

“Every New Yorker deserves to know that when they report a crime, it will be investigated fully and fairly. The Governor has entrusted my office with this investigation, and we do not take that responsibility lightly,” she said. “As our state’s Chief Law Enforcement Officer, I stand ready to lead a process New Yorkers can trust, guided by the facts and the law.”

Following Hochul’s press conference, Van Houten expressed that his office would completely cooperate with Attorney General James.

“It has become clear that we were not provided the full picture by the University,” he stated.

This case has sparked a broader conversation about consent and sexual misconduct, particularly in relation to college fraternity life. Hochul has committed to supporting legislative efforts in New York aimed at simplifying the process for individuals who have consumed substances to seek justice for alleged sexual assaults.

“Voluntary intoxication is not a license for sexual assault or gang rape. Period,” Hochul affirmed to reporters. “I support closing this loophole, and will work with the New York state Legislature to accomplish this.”