New York Governor Says Cornell Rape Accuser Was Failed by Those Meant to Protect Her

ITHACA, N.Y. — New York Gov. Kathy Hochul said Friday that a woman who accused members of a Cornell University fraternity of gang rape was “failed” by the institutions and officials responsible for protecting her, including campus police and the county prosecutor.

At a news conference, Hochul said she appointed Attorney General Letitia James as special prosecutor after learning “troubling details” about how authorities handled the allegations. Among them, she said, was the fact that the district attorney closed the case without interviewing the accuser or anyone else connected to the alleged attack.

“In what world does the district attorney not even interview her, or anyone else involved, or even request the full transcript?” Hochul said. “This woman, this young woman, had already endured something that is utterly unspeakable. And then at every turn, she was failed by people and institutions with an obligation to protect her.”

The governor also criticized the Cornell University Police Department, saying officers did not fully communicate the woman’s account to prosecutors.

“After this young woman came forward, she spoke to the police. She sat for hours and told them exactly what happened to her. And according to new reports, she could not have been clearer that she was 100% confident that she had been raped,” the Democratic governor said. “Yet, shockingly, those words never made it into the account that the Cornell police sent to prosecutors.”

Hochul said Thursday that she selected James to oversee the investigation after losing confidence in the local district attorney’s ability to manage the case.

Tompkins County District Attorney Matthew Van Houten, who was removed from the investigation, said Friday that he supports James’ appointment.

“I trust that she will examine the facts and apply the law,” Van Houten said in a statement. “It has become clear that we were not provided the full picture by the University. The focus has been and should continue to be on the victims.”

James did not specify how long the investigation would last, but indicated that it could take months.

“We will review the facts, gather evidence, interview witnesses and, if warranted, pursue prosecutions,” James said. “I know that you want answers. I do too. A comprehensive investigation of this nature takes time, but my office is committed to seeing it through.”

The case was initially closed without charges in 2024. Van Houten reopened it Monday after the woman filed a new lawsuit against seven former members of the Chi Phi fraternity, Cornell and others.

Van Houten has defended his decision not to bring charges, saying a sworn statement prepared by police did not include the woman’s allegations that she had been drugged without her consent, rendered unable to consent and forced to engage in sex.

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The controversy has shaken the Ivy League university and renewed scrutiny of Cornell’s response, as well as the broader handling of sexual assault allegations on college campuses.

The woman, identified as Jane Doe in court documents, told campus police in November 2024 that she had been sexually assaulted. She later discussed the allegations with university investigators during Cornell’s disciplinary process.

According to her lawsuit, she was given drugs and alcohol before a group of men subjected her to sexual acts while she was partially or completely incapacitated. The lawsuit also alleges that one man sent a social media message to fraternity members describing what was happening and encouraging others to participate.

Attorneys for two of the men named in the lawsuit have denied that their clients took part in a sexual assault. One attorney said his client did not touch the woman. Attempts to contact the other men or their representatives for comment have not been successful.

Hochul also endorsed proposed changes to New York law, which has long made it more difficult to prosecute people who have sex with someone who voluntarily became intoxicated to the point that their ability to consent was impaired.

Under current law, rape charges generally require force or an explicit refusal of sex, unless the victim is physically helpless because of unconsciousness or mentally incapacitated after being drugged without consent. New York is one of 19 states with similar laws.

“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,” Hochul said.

New York governors have turned to attorneys general and special prosecutors to oversee important cases in the past.

In 2018, then-Gov. Andrew Cuomo appointed a Long Island district attorney to investigate Attorney General Eric Schneiderman, who resigned after women accused him of abuse. In 2021, James appointed two outside lawyers to conduct a non-criminal investigation into sexual harassment allegations against then-Gov. Andrew Cuomo, leading to his resignation.

James’ office also handles other criminal work and has the power to investigate every death in the state involving law enforcement. But, typically, she can’t initiate a criminal investigation without a referral from a local district attorney, the governor or a state agency.

James, a Democrat who took office in 2019, is perhaps best known for suing President Donald Trump over allegations that he defrauded banks by overstating the value of his real estate holdings on financial statements. An appeals court overturned Trump’s fine, which ballooned to more than $500 million, but upheld a judge’s fraud finding.

Trump’s Justice Department, in turn, brought mortgage fraud charges against James last year as part of the president’s retribution campaign against political enemies, but a judge dismissed the case and a grand jury rejected another attempt to indict her. James denies wrongdoing.