New York Governor Appoints Attorney General to Investigate Cornell Gang Rape

New York Governor Kathy Hochul speaks during a press conference alongside state Attorney General Letitia James. — Photo: Yuki Iwamura / AP

The governor of the state of New York, Kathy Hochul, stated this Friday (2) that the woman who reported a gang rape at Cornell University was "abandoned" by authorities who had the obligation to protect her.

Hochul decided to appoint state Attorney General Letitia James as a special prosecutor to take over the case. According to the governor, the decision was made after she became aware of "worrying details" about the conduct of the investigation.

Among them is the fact that the county prosecutor closed the case without taking statements from the victim or other people involved.

"In what world does the district attorney not interview her, or anyone else involved, or even ask for the full transcript?" Hochul asked.

After criticism of the handling of the case, the governor of New York took the investigation out of the hands of the local prosecutor and handed it over to the state attorney general.

The governor also criticized the university police. According to her, the young woman spent hours describing what had happened, but an important part of her report was not included in the document sent to prosecutors.

Attorney General takes over the case

Hochul announced last Thursday (1st) that Letitia James would take over the investigation. The governor said she has lost confidence in the local district attorney's ability to handle the case.

Tompkins County Prosecutor Matthew Van Houten was removed from the investigation and said Friday he supports the decision.

"I trust she will analyze the facts and apply the law," he said in a statement.

Van Houten also said it was clear that the university had not provided authorities with all available information.

James did not say how long the investigation is expected to last, but said the work could take months. "We will analyze the facts, gather evidence, interview witnesses and, if appropriate, open criminal proceedings," he said.

What happened

The investigation had been closed without charges in 2024. Van Houten reopened the case on Monday (28), after the woman filed a new lawsuit against seven former members of the Chi Phi fraternity, Cornell University and others.

The woman, identified as Jane Doe in documents, contacted campus police in November 2024 and also participated in the university's internal disciplinary process.

According to the lawsuit, she consumed drugs and alcohol and then suffered sexual violence perpetrated by a group of men while she was partially or totally incapacitated.

The lawsuit also claims that one of the men notified other fraternity members via text and invited them to participate.

Lawyers for two of the accused denied involvement in sexual assault. One of them stated that his client did not touch the woman. There was no return from the other accused or their representatives.

Van Houten had defended the decision not to press charges. He said an affidavit prepared by police did not record allegations that the woman had been drugged against her will, rendered incapable of consent and forced to have sex.

Debate over New York law

Hochul also advocated for changes to state sex crimes legislation.

The law makes accountability difficult in situations where a person voluntarily consumed alcohol or drugs and was later unable to consent. In general, rape accusations must involve force or a clear refusal to have sexual intercourse.

There are exceptions when the victim is unconscious or has been mentally incapacitated after receiving drugs without consent.

New York is among 19 American states with rules of this type.

"If someone is too intoxicated to consent, it shouldn't matter whether they choose to consume drugs or alcohol. Voluntary intoxication is not a license for sexual assault or gang rape," Hochul said.

Other cases

New York governors have already turned to special prosecutors in high-profile investigations.

In 2018, then-Governor Andrew Cuomo appointed prosecutor Madeline Singas to investigate Eric Schneiderman, who stepped down as attorney general following accusations of physical assault and other abuse by women.

In 2021, Letitia James led a non-criminal investigation into sexual harassment allegations against Cuomo. The process ended with the governor's resignation.

James' office also conducts criminal investigations and has authority to investigate deaths involving public safety officers in the state. In general, however, the attorney general must receive a formal referral to begin a criminal investigation, as occurred in the Cornell case.